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
444 SW 2nd Ave, Suite 325
Miami FL 33130
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Miami River. The project site is located at Sewell Park 1815/1825 NW South River Dr Miami FL 33125.
Directions to the site are as follows: Take I-95 S to 836 W, then exit on NW 11st. Take a left and head straight until you make a right on NW 7th Street. Take a right on NW 14th Street until you reach NW South River Dr, take a right and follow until your reach the park gates.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.785602°
Longitude: -80.223951°
PROJECT PURPOSE:
Basic: The basic project is shoreline stabilization and water access.
Overall: The overall project purpose to install new shoreline stabilization in association with an upland boardwalk, repair and update an existing basin to include a kayak launch and install riprap for a portion of the shoreline at the existing Sewell Park in Miami-Dade County.
EXISTING CONDITIONS: The project consists of an existing 10.33-acre recreational park adjacent to the Miami River. The existing boat basin is approximately 0.04 acres, and the shoreline contains existing riprap. 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 to improve water access and stabilize the shoreline by conducting the following activities:
• Install approximately 1067 linear feet of new seawall.
• Repair, replace and reconfigure approximately 122 linear feet of seawall within existing basin.
• Remove an existing 415 square foot concrete kayak launch;
• Install new kayak launch of crushed stone and polyester matting within existing footprint; and
• Install approximately 172 cubic yards of riprap within 2,315 square feet along the northeast corner of the park.
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:
New riprap will be placed landward of current riprap, therefore creating no new impacts to submerged resources. Only possible impacts will be the submerged bottom of the kayak launch basin, with the removal and replacement of the cement kayak launch with a heavy duty recycled polyester mat. No riprap will be placed in the kayak launch basin to minimize impacts to submerged resources.
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 is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed 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> G > N > O > P > “MANLAA.” 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 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), or smalltooth sawfish (Pristis pectinata) due to the lack of resources and foraging habitat in this waterway. The lack of documented cases of presence or utilization by these species in this waterway documented by NMFS supports this determination.
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. 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.
NAVIGATION: The project is located within the Miami River and will not occupy more than 25% width of the waterway.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Antilles-Miami Permits Section, 9900 SW 107th Ave, Suite #203, 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, Catrina Frey, in writing at the Antilles-Miami Permits Section, 9900 SW 107th Ave #203, Miami Fl ; by electronic mail at catrina.n.frey@usace.army.mil ; by fax at (305) 526-7184, or, by telephone at (786)273-7254.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 13-0273779-003-EI.
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.