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: Grove Isle Association, Inc.
One Grove Isle Drive
Miami, Florida 33133
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located at One Grove Isle Drive; legally described as the Grove Isle Condominium sub-division of Rev. Plat of Fair Isle, PB-34-70, within Section 15, Township 54S, Range 41E, in Miami, Florida 33133 (Folio No. 01-4114-015-1360).
Directions to the site are as follows: From US1 heading north, make a right on 22nd Ave and travel 0.5 mile, then left on Bayshore Dr. for 0.5 mile, then right on Fair Isle St. for 0.5 mile to Grove Isle Dr. Site is south of the bridge on the southwestern edge of the island.
APPROXIMATE CENTRAL COORDINATES:
Latitude 25.734783°
Longitude -80.220504°
PROJECT PURPOSE:
Basic: Basic: The basic project purpose is for shoreline stabilization of a historic private beach area and improved access for a kayak launching area.
Overall: The overall project purpose is for shoreline stabilization of a historic private beach area and improved access for a kayak launching area located at the southwestern shoreline of Grove Isle within Miami-Dade County, Florida.
EXISTING CONDITIONS: The onsite waters consists of a saltwater system. The shoreline is consolidated and consists of an existing concrete seawall and bulkhead. An existing rock groin within the project area extends perpendicular from the existing seawall approximately 40 ft. into the water. North of the rock groin, seagrass resources are present approximately 40-70’ from the existing seawall. Seagrass beds include a mix of Thalassis testudinum, Syringodium filiforme, Halophila decipiens, and Halodule wrightii in various densities. Seagrass beds south of the rock groin are in closer proximity to the seawall and include a similar mix of species although observed in lower densities. A mangrove planter area further north of the rock groin is mostly barren but does contain a mix of sea grape, Scaevola and mangrove species. An existing beach area consisting of sand material is located between the rock groin and the mangrove planter area.
PROPOSED WORK: The applicant seeks authorization to install approximately 173 cubic yards of limerock riprap boulders within a 1,140 square-foot area, and approximately 136 cubic yards of sand material within a 1,133 square-foot proposed beach area, for a total fill volume of 259 cubic yards within a 2,273 square-foot area. Immediately north of the proposed beach area, the applicant proposes an approximately 108 square-foot kayak launching area, which will simply consist of a 10’ x 10.8’ (2 cubic yards) open cell concrete mat installed on top of the existing bottom. A toe wall is proposed along the southern edge of this kayak launch area to prevent sand drift from the beach area into the kayak launch area. The concrete mat will provide a stable surface for kayak launching on top of the existing bottom. The existing rock groins will be removed and replaced with the proposed riprap (with filter fabric), which will provide a sand containment system in order to prevent sand drift into the adjacent seagrass beds.
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 proposes the maintenance of a historic beach location and providing a stable kayak launching area for the residents of Grove Isle. Aerial review indicates the historic beach has been at this location since the early 1970s, and the project proposes the installation of fill in an area significantly smaller than what has been observed historically at this location. The proposed sand containment system (installation of riprap and filter fabric) will contain the sand material within the proposed beach area, thereby preventing any erosion to the adjacent seagrass beds. All proposed fill activity north of the existing rock groin will occur well landward of any existing seagrass resources. A two foot buffer distance between the proposed fill area and the existing seagrass line south of this rock groin will be maintained, the applicant is willing to provide mitigation for any unexpected seagrass impacts that may occur within this area. Therefore, the applicant has minimized impacts to the maximum extent practicable while still accomplishing the project purpose of maintaining a historic beach area and providing an improved kayak launch area for Grove Isle residents.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has not offered a compensatory mitigation plan but is willing to provide adequate mitigation if so required.
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: The U.S. Army Corps of Engineers (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. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > H > I > J > K > N > O>P “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity as well as the evidence of previously existing non-motorized kayak launch area. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has determined the proposed project will have “no affect” on green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), Johnson’s seagrass (Halophila johnsonii) and its designated critical habitat, elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their designated critical habitat and the other 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 has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
The Corps has determined that the project would have no impacts on any other listed species.
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 cause filling impacts to approximately 2,273 square feet of un-vegetated bay bottom and habitat utilized by various life stages of coastal migratory pelagics, shrimp, 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 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 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 Avenue, Suite # 203, 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, Albert Gonzalez, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite # 203, Miami, Florida, 33176, by electronic mail at albert.gonzalez@usace.army.mil, by fax at (305) 526-7184, or by telephone at (305)779-6055.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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.