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-2011-01666(SP-NML)

Published Sept. 4, 2018
Expiration date: 9/24/2018

 

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:           City of Miami Beach

                                c/o Daniel Rotenberg

                                444 SW 2nd Ave., 3rd floor

                                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 3501 Rickenbacker Causeway, in Section 17, Range 42E, Township 54S, Miami-Dade County, Miami, Florida 33149 (Folio 01-4217-00-0030).

 

Directions to the site are as follows:  Take I-95 to Exit 1A (Rickenbacker Causeway), continue two miles past the toll plaza, the project is on the left. 

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:     25.744123°

                                                                                  Longitude:  -80.171028°

 

PROJECT PURPOSE:

Basic:  to improve an existing facility for the public by reconstructing an existing deficient boat ramp and add two finger piers to enhance recreational access for the public

Overall:  to improve an existing facility for the public by reconstructing an existing deficient boat ramp and add two finger piers to enhance recreational access for the public in Miami-Dade County

 

EXISTING CONDITIONS:  The project site is currently a marina facility.  There is an existing concrete boat ramp.  Resources include Shoal grass, turtle grass and manatee grass.  Seagrass is predominantly sparse in densities, but has small areas of moderate and dense seagrass coverage.  There are some (Siderastera siderea) coral, mostly under 3.5 inches in diameter.   In addition, the shore line partially consist of mangrove.    

 

PROPOSED WORK:  The applicant seeks authorization to (1) demolish the existing 2,139 sq. ft. boat ramp, (2) install an 8,600 sq. ft (86’ x 100’) boat ramp with 95 cubic yards of clean rip rap around the base of the ramp and move the boat ramp location 30 feet east of the old boat ramp (3) construct two finger piers associated with the boat ramp, each one is 366.2 Sq. ft (73.25’ x 5) concrete fixed pier attached to a 384 Sq. ft. (48’ x 8’) floating platform by a gangway plank. (4) Turbidity curtains will be installed until all turbidity from construction subsides. 

 

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 ramp reconstruction was configured to utilize the existing ramp footprint as much as practical while maintaining access to the adjacent existing dockage at Rickenbacker Marina.  The original design also included a wider boat ramp (110 linear feet) and three finger piers to maximize recreation access and utilization.  However, this was reduced to avoid additional mangrove and seagrass impacts. 

 

COMPENSATORY MITIGATION –  If compensatory mitigation is required, the appropriate number of mitigation credits shall be purchased from a federally approved bank. The W.A.T.E.R.S functional assessment will be used to derive the appropriate mitigation credits.

 

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 proposed project may affect, but is not likely to adversely affect the 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), Nassau grouper (Epinephelus striatus), smalltooth sawfish (Pristis pectinata), and West Indian manatee (Trichechus manatus). 

 

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. 

 

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 0.326 acres of (1400 sq. ft) seagrass and (218 sq. ft.) mangrove utilized by various life stages of various species.  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, Fl 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 33143; by electronic mail at Nicole.m.liette@usace.army.mil; 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.