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Yachting Promotions, INC

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Broward County. Yachting Promotions, Inc. Fort Lauderdale. FL. PROJECT PURPOSE: The basic project purpose is to provide temporary increased water access. Overall: The overall project purpose is to provide temporary increased water access for the display of vessels for the Ft. Lauderdale boat show.

TO WHOM IT MAY CONCERN: This district 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: Yachting Promotions, Inc.

Attn: Dane Graziano

1115 NE 9th Ave.

Ft. Lauderdale, FL 33304

WATERWAY AND LOCATION: The project is located on the Intracoastal Waterway and New River, in Fort Lauderdale (Sections 10/12, Township 50 South, Range 42 East), in Broward County at the following five (5) locations:

1. Bahia Mar Yachting Center, 801 Seabreeze Blvd.

2. International Swimming Hall of Fame, 501 Seabreeze Blvd.

3. Hyatt Regency Pier 66 Marina, 2301 SE 17th St.

4. Las Olas Municipal Marina, 2400 Las Olas Circle

5. Adjacent to Huizenga Plaza, 32 East Las Olas Blvd. (water taxi platform).

Directions to the site are as follows: Take I-95 South toward Ft. Lauderdale and exit onto Davie Blvd West. Turn right onto SW 21st Ave. and keep left, following the road all the way south and the marinas will be at the end of the road.

APPROXIMATE CENTRAL COORDINATES:

Location

Latitude (North)

Longitude (West)

Pier 66 Marina

26.1026°

80.1183°

Bahia Mar Yachting Center

26.1123°

80.1087°

International wimming Hall of Fame:

26.1164°

80.1080°

Las Olas Municipal Marina:

26.1203°

80.1084°

Location Latitude (North) Longitude (West)

Pier 66 Marina

26.1026° 80.1183°

Bahia Mar Yachting Center

26.1123° 80.1087°

International Swimming Hall of Fame: 26.1164° 80.1080°

Las Olas Municipal Marina: 26.1203° 80.1084°

PROJECT PURPOSE:

Basic: The basic project purpose is to provide temporary increased water access.

Overall: The overall project purpose is to provide temporary increased water access for the display of vessels for the Ft. Lauderdale boat show.

EXISTING CONDITIONS: The project is located in and along the Intracoastal Waterway and the New River. The existing area surrounding the project area consists of commercial developments and single family developments. Annual seagrass survey indicates the presence of seagrass (Halophila decipiens) within the Pier 66 area and just south of The International Swimming Hall of Fame existing wooden dock.

PROJECT HISTORY: The Corps issued a DA permit authorization for the installation of temporary structures on 25 October 2012. The permit expires on 28 October 2018.

PROPOSED WORK: The applicant seeks re-authorization for an additional five years to annually construct and subsequently remove floating docks, anchored barge platforms, ramps, and pilings, for the Fort Lauderdale International Boat Show and associated water taxi service. The installation will create up to 1,110 temporary slips. The installation of structure, the boat show, and the removal of structures shall not exceed 30 days. The applicant also proposes to establish a temporary realignment of the Intracoastal Waterway marked by buoys for the Fort Lauderdale International Boat Show to be constructed annually. The temporary structures are as follows:

Structures

Number

Dimensions

Floating Docks

15

10-foot by 10-foot

Floating Docks

27

5-foot by 20-foot

Floating Docks

440

10-foot by 20-foot

Floating Docks

447

10-foot by 40-foot

Steel Barge

16

10-foot by 40-foot

Ramps

16

10-foot by 22-foot by 4-foot

Steel Pilings

300

NA

Wood Pilings

18

NA

Swing Bridge

1

10-foot by 80-foot

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: If unfavorable weather conditions prohibit any pre-event survey from taking place, a conservative estimate of seagrass coverage in the area based on previous seagrass surveys associated with the boat show will be conducted. Turbidity control devices will be installed to minimize direct and indirect water quality issues related to the turbidity from construction activities.

Compensatory Mitigation: The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation is required due to no proposed or anticipated impacts to submerged aquatic vegetation. Pre-event and post-event seagrass surveys will be conducted within 30 days prior to the event and 30 days following the event. The pre and post seagrass surveys and report shall be submitted to the Corps and National Marine Fisheries Service (NMFS) within 45 days of the breakdown of the show. In addition, the applicant shall submit a third seagrass survey conducted between June 1 and September 30 to provide an accurate representation of the seagrass habitat at the boat show site. The third seagrass report will be submitted no more than 30 days after the date of when the survey is conducted. The survey shall adhere to the Recommendations for Sampling Johnson’s Seagrass at a Project Site. In addition, the survey shall record spatial extent and location of impacts from pile installation and propeller wash. If the Corps and NMFS jointly determine that impacts to Essential Fish Habitat have occurred due to project activities, the applicant will be required to submit a complete compensatory mitigation plan that offsets the functional loss of the impact within 60 days from being notified by the Corps. The plan shall be developed from the submitted contingency mitigation plan. The compensatory mitigation plan will include the required information as stated in CFR 332.4 (c)(2) through (c)(14). The compensatory mitigation will be required to be fulfilled within 30 days of the next scheduled Ft. Lauderdale boat show.

ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), and would not adversely modify their designated critical habitat. The Corps has receive previous concurrence with this determination and therefore, no further coordination with FWS is required for the above listed species pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempii), and the threatened smalltooth sawfish (Pristis pectinata) and would not adversely modify their designated critical habitat. The Corps has received previous concurrence with this determination and therefore, no further coordination with NMFS is required for the above listed species 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. Based on past surveys the proposal would temporarily shade approximately 574,400 square feet of mostly un-vegetated benthic habitat and areas that contain the seagrass Halophila decipiens. The benthic habitat is 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 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.

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 Regulatory Permits Section, 4400, Palm Beach Gardens within 15 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, Ms. Linda C. Knoeck at the letterhead address, by electronic mail at Linda.C.Knoeck@usace.army.mil, or by telephone at 561-472-3531.

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

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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