TO WHOM IT MAY CONCERN: This letter supersedes the Letter of Coordination sent 9 June 2021. 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: Biscayne Shores Venture LLLP
150 SE 2nd Avenue, Suite 800
Miami, Florida 33131
WATERWAY AND LOCATION: The project would affect waters associated with Biscayne Bay and is located at 11295 Biscayne Boulevard, in Section 32, Township 52 South, Range 42 East, Miami, Florida 33181 (Folio Number: 30-2232-008-0031).
Directions to the site are as follows: From 1-95 N, take exit 7 toward FL-934/N. Follow NW 79th Street to Biscayne Blvd. Destination will be on the Left.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.880151°
Longitude -80.162857°
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline stabilization.
Overall: The overall project purpose is to conduct shoreline modifications on Biscayne Bay, Miami-Dade County, Florida.
EXISTING CONDITIONS: According to the MDC-DERM Biological Assessment (conducted in-water on 5 February 2021), the substrate within the project footprint consists of small rock rubble and debris. Water depths range between +0.4-feet and -3.2-feet MLW. There is no seagrass present in the Project footprint. Additionally, there is (1) red mangrove, (2) white mangroves, and (3) silver buttonwoods present adjacent to the Project footprint (note they are located along a portion of the shoreline where the existing seawall is still intact (i.e. they are located landward of the seawall).
PROPOSED WORK: The applicant proposes the following components: install new L-shape dock (460-square-feet) with (7) 12-inch diameter wood piles; install new L-shape dock (335-square-feet) with (5) 12-inch diameter wood piles, accompanied by a 15-feet x 13-feet jet ski floating vessel platform (195-square-feet) and a 20K-pound capacity 12-feet x 12-feet elevator boatlift (144-square-feet); install new viewing/fishing platform (201-square-feet); install a new steel sheet pile seawall panel with concrete cap across 28.83-feet to close a hole in the existing shoreline (36.63-square-feet); install 5-cubic-yards of new riprap boulders on top of existing rubble 8-feet maximum water-ward from existing seawall panel wet-face across 28.83-feet and not to extend farther waterward than existing rock layer below (230.64-square-feet); install (6) new 12-inch diameter channel guide wood piles; and discharge 820-cubic-yards (3,759-square-feet) of new fill. The seawall and fill installation will return the shoreline to its original form, prior to the seawall failure over a decade ago. The riprap installation will make water depths shallower within the riprap footprint.
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 mangroves are to remain but are proposed to be trimmed as necessary for the installation of the seawall. All backfill material will be hand-placed around mangrove roots in order to minimize impacts to the trees. Turbidity curtains will be installed before construction and will remain until all turbidity subsides”
COMPENSATORY MITIGATION – If it is determined that the issuance of a DA permit is appropriate, mitigation may be required. Evaluation of the final mitigation proposal will be based on the Wetland Assessment Technique for Environmental Review (WATER) or Uniform Mitigation Assessment Method (UMAM).
CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
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 > N > O>P4“MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity. 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 may affect, but is not likely to adversely affect sea turtles (loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricate), and green (Chelonia mydas); smalltooth sawfish (Pristis pectinata); Nassau grouper (Epinephelus striatus) or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect American crocodile (Crocodylus acutus). The Corps will request FWS 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 5,388-square-feet (0.12 acres) of habitat utilized by various life stages of 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 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 33143 within 30 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, Luis Betancourt, in writing at the Miami Permits Section, 9900 SW 107th Ave., Miami, Florida; by electronic mail at Luis.o.betancourt@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.