SAJ-1998-04602(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 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: Eric  Fordin

                      Diplomat Landing Phase 1 Owner, LLC

                      2850 Tigertail Avenue, Suite 800

                      Miami, Florida 33133

AGENT:        Thomas Fucigna

                     Moffatt & Nichol

                    1601 Forum Place, Suite 610

                    West Palm Beach, Florida 33401

WATERWAY AND LOCATION:  The project would affect waters of the United States and navigable waters of the United States associated with Intracoastal Waterway.  The project area is located on the east side of 3210 - 3690 South Ocean Drive, 0.42 miles north of the intersection of South Ocean Drive and Hallandale Beach Boulevard in 26 Section, 51 Township, 42 Range; at Latitude 25.992011 and Longitude -80.119838; in Hollywood, Broward County, Florida.

EXISTING CONDITIONS:  The project site is located along the eastern shoreline of the Intracoastal Waterway at an existing 32-slip multi-family marina with approximately 1,160 linear feet of bulkheaded shoreline with a marginal dock, piers, T-shaped dock and mooring piles.  The site is located approximately 7.38 miles south of Port Everglades and approximately 6.75 miles north of the Haulover Inlet with access to the Atlantic Ocean  A submerged aquatic vegetation (SAV) survey was not provided; however, the proposed work is located within areas where shading of the substrate is occurring from existing in-water structures and moored vessels.

PROJECT PURPOSE: 

Basic:  Improved water access at a multi-family marina.

Overall:  The overall project purpose is improved water access at the Diplomat Landing multi-family marina located adjacent to 3210-3690 South Ocean Drive, Hollywood, Florida.

PROPOSED WORK:  The applicant requests authorization to improve water access at the 32-slip Diplomat Landing multi-family residential marina.  Specifically the applicant proposed to:

Demolish an existing T-Shape dock and marginal dock, 8 piers, remove 8 mooring piles and 9 fender piles

Install a new 2,293.6 square feet T-shaped dock consisting of an 8-feet by 55-feet (44 square feet) approach ramp and an 8-feet by 231.7-feet (1,853.6 square feet) terminal platform; a 10-feet by 30-feet (300 square feet) floating kayak launch with a 5-feet by 45-feet (225 square feet) approach ramp at the north end of the property.

Install a new 8-feet by 609.5 feet (4,876) marginal dock with 13 finger piers (3,213 square feet total finger piers).

Install a new 2,672 square feet T-shaped dock at the south end of the property consisting of a 16.4-feet by 8-feet (331.2 square feet) approach ramp a 283.6-feet by 8-feet (2,268.8 square feet) terminal platform and a 9-feet by 8-feet (72 square feet) dock connecting the T-shaped dock to the proposed marginal dock.

Install 11 new mooring piles.

No new slips are proposed.

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 and adhere to the JAXBO PDC’s

COMPENSATORY MITIGATION:  The applicant has provided the following explanation why compensatory mitigation should not be required:  

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.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps identified permit area.

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.

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 13,591 square feet of submerged bottom.  Aquatic resource presence is unknown; however, impacts may be determined post benthic survey evaluation if needed.  The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 32 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would 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 August 25, 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 Blvd., 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.

CLICK HERE for Public Notice and Graphics