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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2006-06547(SP-MLC)

Posted: 1/26/2018

Expiration date: 2/25/2018


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) as described below:

 

APPLICANT:             Port of Miami

                                  c/o Becky Hope, Environmental Manager

                                                           

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Biscayne Bay, the North Port Channel, and Government Cut.  The project site is located on the north side of PortMiami (Dodge and Lummus Islands) in Miami, Section 37, Township 54 South, Range 42 East in Miami-Dade County, Florida (folio #01-4205-000-0010).

 

Directions to the site are as follows:  From I-95, take SR 836, I-395 east to US-1 south to Port Boulevard east onto the Port of Miami.  The Project is located on the north side of the Port.

 

LATITUDE & LONGITUDE:  Latitude:      25.7765º

                                              Longitude: - 80.1738º

 

PROJECT PURPOSE:

Basic:  The basic project purpose is to provide new boating access.

Overall:  The overall project purpose is to provide new boating access at an existing port in Miami-Dade County, FL.

 

PROPOSED WORK:  The applicant seeks authorization to construct a new cruise berth (Berth 9), east of authorized Berth 8. This berth will measure approximately 1,240 feet with a 180-foot end wall and a 65-foot return wall. The new berth will be constructed along the same alignment as, and east of, Berths 7 and 8. Proposed Berth 9 requires a new bulkhead to be constructed in an existing unconsolidated shoreline (rip rap) area. The new bulkhead will be located approximately 200 feet south of the existing rip rap revetment in Berth 9. Removal of approximately 219,000 feet2 (340,000 yard3) of uplands, and dredging 137,000 feet2 (96,407 yards3) is required to achieve the depth of approximately -37 feet within the proposed project area.

 

EXISTING CONDITIONS:  The project area consists of a saltwater system. No seagrasses were observed within the proposed Berth 9 survey areas. The rip-rap above the water line within proposed Berth 9 is covered with vegetation, including the exotic invasive plant species beach scaevola (Scaevola taccada) and Australian pine (Casuarina sp.). No mangroves or other wetland species were observed within the survey areas in proposed Berth 9.

 

A total of 532 coral colonies, including 18 coral species (10 scleractinians and eight octocorals) were observed within the ten (10) belt transects conducted on the rip-rap substrate in the proposed Berth 9. Scleractinian corals account for the majority (~56%) of corals and Porites astreoides comprises ~41% of all the corals observed. The majority (~76%) of corals observed within the transects fall within the medium (10-30 cm) size class, with ~22% of corals in the large (31-60 cm) size class, and ~2% in the extra-large (>60 cm) size class.

 

Coral colonization in the rip-rap area is more frequent within the 5-ft depth zone (~64% of corals) than the 10-ft depth zone (~36% of corals). Scleractinian corals dominate the 5-ft depth zone (~69% of corals), and Porites astreoides is the most prevalent species, comprising ~50% of the scleractinian corals and ~41% of all corals observed. The octocoral community in the 5-ft depth zone is dominated by Antillogorgia sp. (~11% of octocorals observed). The majority (~80%) of corals observed in the 5-ft depth zone are in the medium coral size class (10-30 cm).

 

Conversely, the 10-ft depth zone is dominated by octocorals (~67%), with Antillogorgia sp. and Eunicea sp. As the dominant octocoral species. The scleractinian community in the 10-ft depth zone is dominated by Porites astreoides, which comprises ~23% of corals. The majority (~78%) of corals observed in the 10-ft depth zone are in the medium coral size class (10-30 cm) category.

 

A single colony of Orbicella faveolata, a listed threatened species, was observed on Transect 8 in the 10-ft depth zone.

 

Several bleached and partially-bleached coral colonies were observed on the rip-rap within proposed Berth 9; however, bleaching was not very prevalent in the coral community at the time of the survey.

 

The red boring sponge, Cliona delitrix, is prevalent on the proposed Berth 9 rip-rap.

 

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:

 

“During construction and dredging operations, water quality standards for work within the Biscayne Bay Aquatic Preserve will be maintained.”

 

COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

“An agreed upon number of corals will be removed from the riprap boulders and transplanted on an artificial reef constructed to compensate for the dredging area and length of new bulkhead.”

 

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 those federally recognized tribes with concerns in Florida and the Permit Area.     

 

ENDANGERED SPECIES:  A preliminary review the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service’s Protected Resource Divisions (NMFS-PRD)’s list of Endangered and Threatened Species indicates the following listed species may occur in the project area:

 

West Indian Manatee:  The Corps has determined the project “may affect, but is not likely to adversely affect” (MANLAA) the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter

 

Smalltooth Sawfish and Swimming Sea Turtles: The Corps has determined the proposed project “may affect, but is not likely to adversely affect”  green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata) and Nassau grouper (Epinephelus striatus).The Corps will request National Marine Fisheries Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. 

 

Federally Listed Corals: The Corps has determined the project will have “No effect” on elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their designated critical habitat. However, the proposed project “may affect but is not likely to adversely affect” the 5 listed coral species found in Dade-County: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), knobby star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox). The Corps will request National Marine Fisheries Service’s concurrence pursuant to Section 7 of the Endangered Species Act by separate letter. 

 

Johnson’s Seagrass:  The Corps has determined that the project will have “no effect” Johnson’s seagrass (Halophila johnsonii) designated critical habitat and would have “no effect” on Johnson’s seagrass (Halophila johnsonii).

 

This notice serves as request for information from the U.S. Fish and Wildlife Service, the National Marine Fisheries Service’s Protected Resource Division, and any other interested party, on whether any species listed or proposed for listing may be present in the area.

 

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 short-term impact from project construction would be the loss of the community of attached plants (e.g., algae) and invertebrates (e.g., sponges, bryozoans, oysters, tunicates, and soft and hard corals) on  the riprap. The proposal would impact approximately 96,407 cubic yards of riprap utilized by various life stages of invertebrates and fishes that may use those areas. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Biscayne Bay.  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 not 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 application should be submitted in writing to the District Engineer at the above address within 30 days from the date of this notice.

 

If you have any questions concerning this application, you may contact Megan L. Clouser at the letterhead address, by electronic mail at Megan.L.Clouser@usace.army.mil, by fax at 305-526-7184, or by telephone at 305-526-7182.

 

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.

 

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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.

Jacksonville District Miami-Dade County permit public notice U.S. Army Corps of Engineers USACE