Public Notice Notifications

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.

SAJ-2014-00958(SP-NML)

Published May 25, 2018
Expiration date: 6/16/2018

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:  ESJ JI Operations, LLC dba Jungle Island

                       c/o John Dunlap, President of Jungle Island

                       1111 Parrot Jungle Trail, Suite 800

                       Miami, FL 33132

And 

                      City of Miami - Dept. of Real Estate Asset Mngt. Div.

                     c/o Daniel Rotenberg, Director

                     444 SW 2nd Avenue, #325

                      Miami, FL 33130

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Biscayne Bay.  The project site is located at 1111 Parrot Jungle Trail in Section 31, Range 42, Township 53, Miami-Dade County, Miami, FL 33130 (Folio 01-3231-000-0014).

 

Directions to the site are as follows:   From I-95, take exit 2D toward I-395 E/Miami Beach, merge onto MacArthur Causeway, then take the exit toward Parrot Jungle Trail.  

 

APPROXIMATE CENTRAL COORDINATES:          Latitude  25.78733°

                                                                                  Longitude -80.17518°

 

PROJECT PURPOSE:

Basic:  To stabilize the shore line by placing 733 cubic yards of rip rap (10,150 square feet) on 1,050 linear feet of unconsolidated shoreline.

Overall: To stabilize the shore line by placing 733 cubic yards of rip rap (10,150 square feet) on 1,050 linear feet of unconsolidated shoreline in Miami-Dade County. 

 

 

EXISTING CONDITIONS:  The site is a zoological theme park on an island in Biscayne Bay.  The project has an unconsolidated vegetated shoreline with some concrete rock rubble and pebble/sand substrate. The onsite vegetation consists of Red, black and white mangrove, gumbo Limbo, silver and green buttonwood.  In-water resources consisted of macroalgea, sparse manatee seagrass, and shoal seagrass.  The benthic report listed one massive Starlet coral.  Surrounding the project area, there is a beach, road access, parking and a marina.

 

PROPOSED WORK:  (1) Removing existing concrete debris along the shoreline and (2) Stabilie approx. 1,050 linear feet of unconsolidated shoreline with riprap, both above and below the MHWL. Approx. 733 cubic yards (19,150 square feet) of riprap will be placed above the MHWL and approx. 37 cubic yards (1,563 square feet) of riprap will be placed below the MHWL, not to exceed 10 feet waterward from MHWL to the toe of riprap.

 

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:

 

“Cummins Cederberg conducted a biological assessment of the Project site on February 22, 2018. Seagrasses and mangroves were observed at the Project site; however, the proposed riprap revetment is design in a way to avoid and minimize impacts to seagrasses and mangroves. The rock is bring placed upland of the mangrove trunks and will be placed 12 inches from any prop roots. Rock being placed waterward of the MHWL will not be placed on top of seagrasses.”

 

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: “No compensatory mitigation should be required because we aren't impacting seagrass or wetland vegetation”

 

CULTURAL RESOURCES:   The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.   In addition, 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:   The Corps has determined the proposal would have no effect on: Johnson’s seagrass (Halophila johnsonii), and all listed coral species: Acropora spp. (Acropora cervicornis and Acropora palmate and its designated habitat), Dendrogyra cylindrus, Orbicella annularis, O. faveolata,O. franksi, Mycetophyllia ferox

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), American Crocodile (Crocodylus acutus), Piping Plover (Charadrius melodus), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassua Grouper (Epinephelus striatus) and smalltooth sawfish (Pristis pectinata) or its designated critical habitat.  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

 

The Corps has determined the proposal may affect the Johnson’s seagrass (Halophila johnsonii) designated critical habitat.  The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter. 

 

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 0.08 acres of potential EFH habitat utilized by various life stages of several species including Coastal Migratory Pelagics, Coral, Shrimp, Snapper Grouper, and Spiny Lobster.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the 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/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 potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107th Ave., Miami, Florida 33176 within 21 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, Nicole Liette, in writing at the Miami Permits Section, 9900 SW 107th Ave., Suite 203, Miami, Fl 33176; by electronic mail at Nicole.m.liette@usace.army.mil; or, by telephone at (305) 779-6051. 

 

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.