SAJ-2024-02748(SP-PWB)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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 paula.w.bratschi@usace.army.mil.  

APPLICANT: William Walker

                      Water Taxi of Fort Lauderdale, LLC

                      1366 SE 17th Street

                      Fort Lauderdale, Florida 33316

AGENT:       Tyler Chappell

                    The Chappell Group

                    714 McNab Road

                    Pompano Beach, Florida 33062

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with The Intracoastal Waterway.  The project area is located on the west side of Seabreeze Boulevard, 0.58 miles south of the intersection of East Olas Boulevard and Seabreeze Boulevard in 7 Section, 50 S Township, 43 E Range; at Latitude 26.111921 and Longitude -80.106157; in Hillsboro Beach, Broward County, Florida.

EXISTING CONDITIONS:  The project site is located at the south end of the existing 250 wet slip Bahia Mar Yachting Center.  There is an existing pier and mooring piles in the project footprint.  The existing pier is currently being use for access to the Fort Lauderdale Water Taxi service.  A benthic survey was conducted on September 4, 2024; no seagrasses were observed.

PROJECT PURPOSE:

Basic:  The basic project purpose is for shoreline stabilization and water access

Overall:  The overall project purpose is shoreline stabilization and improved water access at the Bahia Mar Yachting Center marina for a Fort Lauderdale Water Taxi service located adjacent to 1001 Seabreeze Boulevard, Fort Lauderdale, Florida.

PROPOSED WORK:  The applicant seeks authorization to improve shoreline stabilization and provide additional water access for a Fort Lauderdale Water Taxi terminal at the Bahia Mar Yachting Center marina by:

Remove the existing 172 square foot wooden pier, boat hoist and (16) mooring piles.

Install 132.5 linear feet of new concrete panel seawall within 1.5-feet of the existing seawall wetface with a 3.6-foot wide cap and 14 batter piles.

Install a new 132.5 linear foot 14-inch by 14-inch concrete seawall footer.

Construct (2) 4-foot by 35-foot concrete finger piers, (2) 4-foot by 32-foot piers approximately 536 total square feet with 32 concrete piles.

Install (36) 12-inch wooden mooring piles.

The completed project would result in 8 water taxi slips at the site.

AVOIDANCE AND MINIMIZATION:

The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:  Turbidity curtains will be utilized to minimize impacts to adjacent waters.  The applicant will comply with the Standard Manatee Conditions for In-Water Work. 

COMPENSATORY MITIGATION:

The applicant has provided the following explanation why compensatory mitigation should not be required:  A benthic survey was conducted on September 4, 2024; no submerged resources were observed within the project area.  Impacts to marine resources are not anticipated; therefore, no mitigation is proposed.

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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by Corps of Engineers.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 1,146 acres of unvegetated substrate. The effects of the project are determined to be substantial and permanent. These habitat(s) are utilized by the following species and their various life stages: penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex.  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 would add additional mooring for a water taxi terminal and would increase traffic within the marina, the federal channel and the New River.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until May 29, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Paula  Bratschi at paula.w.bratschi@usace.army.mil   Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Paula  Bratschi, 4400 PGA Boulevard, Suite 500  Palm Beach Gardens, Florida 33410.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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