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) and 404 of the Clean Water Act (33 U.S.C. §1344) 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 Jennifer.L.Alexander@usace.army.mil.
APPLICANT: Oceanside Marina, LLC
Mr. Thomas Walsh
1001 East Atlantic Avenue, Suite 202
Delray Beach, Florida 33483
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at 2308 North Ocean Drive, Section 12, Township 51 South, Range 42 East, in Hollywood, Broward County, Florida.
Directions to the site are as follows: Take interstate 95 to Sheridan Street and head east to Ocean Drive. Turn right onto Ocean Drive and travel 0.5 miles south. The property will west side of Ocean Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.02555°
Longitude -80.1161°
PROJECT PURPOSE:
Basic: To provide water access and navigation for the development of a commercial marina.
Overall: To provide water access and navigation for the development of a commercial Marina, Oceanside Marina, in Hollywood, Broward County, Florida.
PROJECT HISTORY: The Corps issued a Department of Army (DA) authorization, to Wilshire Marina LLC dated March 19, 2008, that authorized modifications to the Oceanside Marina that reduced the total slips from 50 to 25 including the removal and installation of existing and new structures, a new seawall and dredging.
The project authorized impacts 793 square feet of existing paddle seagrass as a result of the proposed dredging. The permittee was required to provide a compensatory mitigation plan that included the creation of 1,365 square feet of seagrass habitat within a 2,756 square foot vessel exclusion zone.
The DA permit was transferred to Oceanside Marina, LLC on February 28, 2008, and expired March 3, 2013.
The Corps reauthorized the work by DA permit dated February 25, 2019 and contained an updated compensatory mitigation plan for impacts to 4,540 square feet (0.1 acres) of seagrasses a result of the proposed dredging. The compensatory mitigation plan included the installation of type 2 baffle boxes in the adjacent uplands for water quality improvement.
The Permittee has constructed the 538 linear foot seawall and removed all of the previously existing dock structures. No other authorized work has been completed including the installation of baffle boxes within the uplands.
EXISTING CONDITIONS: The proposed project is located within the 100 foot setback of the Intracoastal Waterway’s Federal Channel, within Real Estate IWW-JaxToMiami Tract no.: 1199. The proposed project site is adjacent to a vacant 0.83 acre lot with no existing in-water structures except for a few piles.
A benthic survey was completed on June 5, 2024 and found the benthic substrate consisted of sand, crushed shell, rock rubble, macroalgae and approximately 22,711 square feet of seagrass within the survey area. Depths within the survey area varied from 3 feet to 13 feet, with depths increasing towards the center of the ICW. In the southern portion of the survey area, sparse to abundant (1-50%) of paddle grass (Halophila decipiens) was observed directly adjacent up to 25 waterward of the existing seawall and patches of sparse coverage (1-5%) of H. decipiens was observed 25 feet to 60 feet waterward of the existing seawall. In the central portion of the survey area, sparse coverage (1-5%) of H. decipiens was observed directly adjacent and up to 10 feet and 66 feet to 98 feet waterward of the existing seawall. In the northern portion of the survey area, sparse to moderate coverage (5-25%) of H. decipiens was observed directly adjacent and up to 35 feet of the existing seawall and sparse coverage of H. decipiens was observed 82 feet to 100 feet waterward of the existing seawall. Sparse to moderate coverage (5-25%) of shoal grass (Halodule wrightii) was observed 20 feet to 35 feet from the existing seawall in the northern portion of the survey area. Two (2) lesser starlet corals (Siderastrea radians, ±5-10 cm) were observed in the central portion of the survey area 10 feet to 18 feet waterward of the existing seawall. Within the previously authorized vessel exclusion zone, seagrass coverage increased from the previous 2015 survey and included dense coverage of H. decipiens and sparse coverage of H. wrightii.
PROPOSED WORK: The applicant seeks authorization to provide water access and navigation for the development of a commercial marina, Oceanside Marina, to accommodate 15 vessels. Specifically, the applicant proposes to:
Dredge a 13,472 square foot area to remove approximately 1,400 cubic yards of material to a depth of -9 feet mean low water;
Install 7,435 square feet of floating dock structures with associated gangways;
Install a 50 foot wide by 71 foot overwater concrete dock (3,550 square feet);
Remove 43 existing pilings;
Install 491 linear feet of riprap (2,940 square feet or 175 cubic yards) at a 2:1 slope
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:
Decrease the square footage of overwater structures by 500 square feet from the existing authorization and reduce the number of slips from 26 to 15 in order to minimize impacts to the greatest extent possible
Provide a 50 foot by 150 foot vessel exclusion zone for the creation and enhancement of seagrasses.
Use of turbidity curtains during construction.
Comply with the Standard Manatee Conditions for In-Water Work – 2011
Designed the proposed structures to adhere to the 62.5 foot setback guidance for the Intracoastal Waterway (ICW).
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant provided a compensatory mitigation plan for the impact to 2,142 square feet of seagrass. The proposed mitigation includes the removal of macroalgae in the northern portion of the adjacent north property and relocating/replanting 2,142 square feet of paddle grass and shoal grass within the cleared area. Seagrass relocation will then be conducted using either the modified shovel method or relocation by hand depending on the density of seagrass. The two onsite corals will also be relocated to the cleared area.
The Corps is currently evaluating the applicant’s proposed compensatory mitigation to determine whether it is appropriate.
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 proposal may 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), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata)); smalltooth sawfish (Pristis pectinata); and Giant Manta Ray (Mobula birostris). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 project area contains approximately 22,711 square feet (0.52 acres) of benthic substrate consisting of sand and seagrass utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Of the 22,711 square feet of seagrasses within the project area, approximately 13,500 square feet will be directly impacted by dredging and shading from structures. Secondary impacts to the remaining approximately 9,200 square feet of submerged resources within the project area from dredging may also occur but have not been evaluated. Our initial determination is that the proposed action would have an adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. To offset unavoidable impacts, the applicant is proposing compensatory mitigation for 2,142.39 square feet of seagrasses and corals. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 62.5 feet away from the near bottom edge of the Intracoastal Waterway federal channel.
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 Tampa Permits Section, 10117 Princess Palm Avenue, Tampa, Florida 33610 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, Jennifer Alexander, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Tampa, Florida 33610; by electronic mail at Jennifer.L.Alexander@usace.army.mil; or, by telephone at (561) 785-3961.
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 Broward County on behalf of the Florida Department of Environmental Protection.
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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