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Four Seasons Condominium Association

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Broward County. Four Seasons Condominium Association, Inc. Fort Lauderdale. FL. PROJECT PURPOSE: Basic: The basic project purpose is for water access. Overall: The overall project purpose is water access within the Four Seasons Condominium marina, Fort Lauderdale, Broward County, Florida.

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) as described below:

APPLICANT: Four Seasons Condominium Association, Inc.

C/O Walter Cassel, President

333 Sunset Drive

Fort Lauderdale, Florida 33301

WATERWAY AND LOCATION: The project would affect waters of the United States within Sunrise Lake adjacent to 333 Sunset Drive in Section 12, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.

Directions to the site are as follows: From U.S 1 in Fort Lauderdale turn left onto East Broward Boulevard. Turn right onto SE 8th Avenue. Continue to E. Las Olas Boulevard. Turn left onto E Las Olas Boulevard. Continue to Sunset Drive. Turn left onto Sunset Drive and continue to 333 Sunset Drive.

APPROXIMATE CENTRAL COORDINATES: Latitude: 26.11854°

Longitude: - 80.11425°

PROJECT PURPOSE:

Basic: The basic project purpose is for water access.

Overall: The overall project purpose is water access within the Four Seasons Condominium marina, Fort Lauderdale, Broward County, Florida.

EXISTING CONDITIONS: The project site is within the Four Seasons Condominium Marina in Sunset Lake. The property has approximately 450 linear feet of shoreline that is stabilized with a seawall and there is an existing marginal dock that extends the full length of the property’s shoreline. The site is within a residential development consisting of single and multi-family homes that was developed on a series of man-made canals adjacent to the Intracoastal Waterway.

PROPOSED WORK: The applicant seeks authorization to installtwelve new 4-foot by 30-foot finger piers, one 8-foot by 30-foot finger pier and a floating dock with a 5-foot by 15-foot access ramp and a 16-foot by 17-foot platform and install eighteen mooring piles.

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 applicant will adhere to the manatee, swimming sea turtles and Smalltooth sawfish construction guidelines. Turbidity curtains will be used during work and remain in place after work is completed until sediments settle.

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

A benthic survey was conducted on August 19, 2016 that showed no seagrasses were observed within the survey area. Because no loss of aquatic environment is proposed or expected, no compensatory mitigation plan is proposed.

CULTURAL RESOURCES: – The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: – The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened West Indian Manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. 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, results in the following sequential determination: A-B-C-G-H-I-J-K-N-O-P “may affect, not likely to adversely affect.” Applicant will adhere to the “Manatee construction conditions.” The Corps has received programmatic concurrence from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, no further coordination is required.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis pectinata). The Corps will request 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 0.16 acres of unconsolidated bottom utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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 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, Paula Bratschi, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida; by electronic mail at paula.w.bratschi@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3532.

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

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.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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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