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SAJ-2024-00126 (SP-VEK)

USACE Jacksonville District, Regulatory Division
Published Dec. 10, 2024
Expiration date: 1/9/2025

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.

 

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Virginia.E.King@usace.army.mil  

 

APPLICANT:  City of Hollywood

                       P.O. Box 229045

                       Hollywood, FL  33022

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Hollywood North Lake and Hollywood South Lake. The project is located at four sites including:

 

Site 9: The project would affect waters of the United States associated with Hollywood North Lake. The project site is located at the west end of 700 Polk Street, along the southern shoreline of North Lake, west of the Hollywood Marina boat ramp (Parcel #’s 514214026160 and 514214024070), City of Hollywood (Section 14, Township 51 South, Range 42 East) in Broward County, Florida.

 

Site 10: The project would affect waters of the United States associated with Hollywood South Lake. The project site is located east of South 9th Avenue and south of N South Lake Drive along the northern shoreline of South Lake (Parcel #’s 514214020000, 514214024900, and 514214026190), City of Hollywood (Section 14, Township 51 South, Range 42 East) in Broward County, Florida.

 

Site 17: The project would affect waters of the United States associated with Hollywood South Lake. The project site is located along the southern shoreline of South Lake, between the lake and Adams Street (Parcel #’s 514214024910, 514214024900, and 514214026200) City of Hollywood (Section 14, Township 51 South, Range 42 East) in Broward County, Florida.

 

Site 19: The project would affect waters of the United States associated with Hollywood North Lake. The project site is located along the northern shoreline of North Lake along N Northlake Drive (Parcel #’s 514214026150 and 514214024070), City of Hollywood (Section 14, Township 51 South, Range 42 East) in Broward County, Florida.

 

Directions to the sites are as follows: 

 

Site 9: Follow I-95 S to FL-822 E/Sheridan St in Hollywood. Take exit 21 from I-95 S, continue on FL-822 E/Sheridan St. Take US-1 and Johnson St to Polk St.

 

Site 10: Follow I-95 S to Dania Beach, take exit 22 from I-95 S, then follow FL-848 E/Stirling Rd, US-1 and Hollywood Blvd to N Southlake Dr in Hollywood.

 

Site 17: Follow I-95 S to State Hwy 824/W Pembroke Rd in Hollywood. Take exit 19 from I-95 S. Continue on State Hwy 824/W Pembroke Rd. Take Washington St to S Southlake Dr.

 

Site 19: Follow I-95 S to Dania Beach, take exit 12A from I-595 E. Follow US-1 S and Johnson St to N North Lake Dr in Hollywood

 

APPROXIMATE CENTRAL COORDINATES:  

 

Site 9: Latitude                         26.014116°

           Longitude                       -80.122861°

 

Site 10: Latitude                       26.010127°

             Longitude                     -80.120593°

 

Site 17: Latitude                       26.005714°

             Longitude                     -80.120808°

 

Site 19: Latitude                       26.01856°

             Longitude                     -80.121022°

 

 

PROJECT PURPOSE:

 

Basic:  Shoreline stabilization, tidal flood mitigation and living shoreline creation

 

Overall:  Provide shoreline stabilization with the incorporation of living shoreline creation to mitigate tidal flooding in areas along Hollywood North Lake and Hollywood South Lake in the City of Hollywood, Broward County, Florida.

 

EXISTING CONDITIONS: 

Site 9: Site 9 consists of a vegetated upland parcel bordered by N 9th Avenue to the west and Polk Street to the south. The shoreline is populated by a mix of red, black, and white mangroves, along with other coastal native vegetation and invasive species and has an existing riprap revetment. The shoreline is approximately 500 feet (ft) long, is lined with small riprap, and is occupied by three docks.

 

Site 10: Site 10 consists of a narrow strip of uplands, approximately 1,145 ft long between South 9th Avenue, N South Lake Drive, and South Lake. The shoreline is lined with an existing riprap revetment, coastal vegetation (including mangroves), two sections of seawalls, and is occupied by seventeen (17) residential docks and a municipal water pumping station.

 

Site 17: Site 17 consists of a narrow strip of uplands, approximately 940 ft long, with an existing riprap revetment that contains concrete bin blocks along the eastern end and thirteen (13) residential docks. The shoreline consists of sand, pebbles, and larger rocks that support a variety of native (e.g. mangroves and seagrapes), exotic (e.g., Australian pines), and landscaping vegetation (e.g., palm trees).

 

Site 19: Site 19 consists of a narrow stretch of uplands, approximately 1,440 ft long, between N North Lake Drive and the waters of North Lake and includes the southern shoreline of Holland Park along its eastern end. Site 19 consists of an existing riprap revetment with native vegetation including mangroves, invasive vegetation, fifteen (15) residential boat docks, and a natural sandy beach off Holland Park. The western end terminates as a berm into the adjacent private seawall and the eastern end terminates with concrete bin blocks atop an existing berm.

 

PROPOSED WORK:  The applicant seeks authorization to complete the following:

Site 9:

-Installation of an approximately 549 linear ft x 14 inch wide NZ-14 steel sheet pile bulkhead with a 28 inch wide reinforced concrete cap

- Placement of 64 cubic yards of sand fill within a 1,193 square ft area below the MHWL

-Placement of 56 cubic yards of revetment fill within a 2,561 square ft area below the MHWL

-Placement of 239 cubic yards of armor stone within a 2,036 square ft area below the MHWL

-Placement of 62 cubic yards of bedding stone within a 2,229 square ft area below the MHWL

- Planting of red mangrove propagules within a 2,627 square ft area and planting of salt meadow cordgrass within a 447 square ft area

-Excavation of 120 cubic yards of material within a 3,422 square ft area below the MHWL

 

 

Site 10:

-Removal of 196 ft2 of access walkways to twelve (12) residential docks to facilitate bulkhead installation

-Installation of an approximately 1,519 linear ft x 14 inch wide NZ-14 steel sheet pile bulkhead with a 28 inch wide reinforced concrete cap

-Installation of an approximately 459 linear ft swale that varies between 5-10 ft wide

-Placement of 3 cubic yards of sand fill with salt meadow cordgrass within an 82 square ft area below the MHWL

-Placement of 9 cubic yards of armor stone within an 82 square ft area below the MHWL

-Excavation of 3 cubic yards of material within an 82 square ft area below the MHWL

 

The proposed work at Site 10 will result in 18 square feet (0.0004 acre) of seagrass impacts.

 

Site 17:

-Removal of 581 ft2 of access walkways to twelve (12) residential docks to facilitate bulkhead installation

-Installation of an approximately 886 linear ft x 14 inch wide NZ-14 steel sheet pile bulkhead with a 28 inch wide reinforced concrete cap

-Installation of an 868 linear ft x 10 ft wide swale, which includes the excavation of 154 cubic yards of material within a 3,498 square ft area

-Placement of 114 cubic yards of fill within an 812 square ft area below the MHWL

 

The proposed work at Site 17 will result in 1,102 ft2 (0.025 acre) of mangrove wetland fill impacts below the MHWL.

 

Site 19:

-Removal of 103 ft2 of access walkways to ten (10) residential docks to facilitate bulkhead installation

- Installation of an approximately 1,350 linear ft x 14 inch wide NZ-14 steel sheet pile bulkhead with a 28 inch wide reinforced concrete cap

- Installation of a 1,272 linear ft x 5 ft wide bioswale, which includes the excavation of 74 cubic yards of material within a 6,358 square ft area

 

 

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:

 

-Initial site plans proposed 59 square ft of seagrass impacts located at Site 10, but the project has been redesigned to minimize seagrass impacts to 18 square ft

-The project design voluntarily incorporates green design features (aka these areas are not proposed for mitigation) via various planters to support mangrove and salt meadow cordgrass intertidal vegetative communities.

-To avoid impacts to existing onsite mangroves to the maximum extent practical while still achieving flood mitigation objectives associated with the project, the project was modified from the original extensive bioswale design to incorporate retaining walls landward of aquatic resources where site conditions allowed

-Exotic and invasive vegetation adjacent to all four sites will be removed

-No stockpiling or staging of debris or equipment will occur in wetlands or surface waters during construction

-Best management practices will be utilized to minimize turbidity and sedimentation during construction activities

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

To offset impacts, the applicant proposes the purchase of mitigation credits from the Florida Power and Light (FPL) Everglades 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). Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (the Key) dated April 2013 and the May 2019 Addendum produced a determination of “may affect, not likely to adversely affect”. This determination is based on the applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011)”. By letters dated 25 April 2013 and 13 May 2019, the U.S. Fish and Wildlife Service (USFWS) stated that for proposed in-water activities analyzed with the April 2013 version of the Manatee Key and May 2019 Addendum in which the Corps reaches a MANLAA determination with respect to the manatee and/or its designated critical habitat, the FWS concurs with the Corps determination is accordance with 50 CFR 402.14(b)1; and no further consultation with the FWS is required.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata) and the Giant Manta Ray (Mobula birostris). The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.

 

 

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996.  The proposal would impact approximately 0.025 acres of mangrove wetlands and 0.0004 acres of seagrasses 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 within 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 activities 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 Miami Permits Section at the letterhead address 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, Virginia King, in writing at the Miami Permits Section at the letterhead address, or by electronic mail at Virginia.E.King@usace.army.mil    

 

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 via delegated authority to Broward County’s Environmental Permitting Division’s Natural Resources Program.

 

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.

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