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: Austral Marina, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Miami River. The project site is located at 2190 NW North River Drive in section 34, Township 53 south, Range 41east, Miami, FL 33129 (Folio # 01-3134-024-1140)
Directions to the site are as follows: From Florida 836 East take NW 17th Avenue and exit left onto NW S River Drive. Make a right onto 17th Ave, Turn left onto NW North River Drive, destination on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.789331°
Longitude: –80.231032°
PROJECT PURPOSE:
Basic: The basic project propose is to reconfigure an existing marina to consolidate slips to the uplands and to reconfigure the existing shoreline and basin.
Overall: The overall project purpose is for marina modification and shoreline reconfiguration and stabilization at an existing upland cut marina basin on the Miami River.
EXISTING CONDITIONS: The project site consist of an existing 46 slips recreational docking and repair facility on the Miami River. The basin area is approximate 0.97 acres and contains several finger piers and wood dock structures. The location is anticipated to contain only minimal benthic resources as the Miami River does not typically support submerged aquatic vegetation or corals.
PROPOSED WORK: The applicant seeks authorization to install 370 linear feet of new concrete seawall with an associated concrete cap and 33-12” concrete king piles to reconfigure the shoreline at the property. The project includes the back filling of the existing 0.61 acre basin with 11, 740 cubic yards of clean fill. The project also includes the installation of 2- 3 foot wide by 18 foot long finger piers, 2 wood mooring piles and 14 wood fender piles. The project proposes to construct a 20 foot wide by 50 long travel lift basin which will require the installation of concrete decks supported by 40-14” concrete piles to support the 50 ton travel lift. Finally, the project includes the dredging of both uplands and submerged bottom to -5 feet mean low water within the new proposed slip areas. The total dredge footprint will be 3,809.5 square feet (864.8 cubic yards). The project will include the temporary deployment of turbidity curtains surrounding the project area and will remain in place during the construction phase of the project.
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:
Turbidity curtains will be employed during construction to prevent material from being released into adjacent surface waters. The curtains will extend to within one foot of the river bottom.
In the long term, water quality in the vicinity of the Project site will be improved due to more efficient flushing of surface water and the reduction of wet slips. The proposed filling will reduce the size of the basin enclosure, which will reduce flushing time and prevent the trapping and settlement of transient material. Moreover, the wetslip count will be reduced from 35 to 8, preventing the slow leaching of contaminants from the vessels into the waterbody.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
The Project site falls within a highly commercialized and environmentally degraded portion of the Miami River. The river bottom within the project site consists of mud, detritus, and a significant amount of debris / trash. Given the water and sediment quality, it is highly unlikely that any marine resources are located within the project site. Therefore, no mitigation should be required.
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.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project “may affect, but is not likely to adversely affect” 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 > D > E > F > G > N > O > P >“MANLAA.” The Corps will request the U.S. Fish and Wildlife Service consultation with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
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 0.61 of un-vegetated river bottom utilized by various life stages of juvenile fish and invertebrates commonly observed in Miami- Dade County. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Miami River and 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 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: 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.