SAJ-1999-04294(SP-VEK)

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: Village of Key Biscayne
c/o Roland Samimy
88 W McIntyre St. Suite 250
Key Biscayne, FL 33149

WATERWAY AND LOCATION: The beach renourishment site is located in Miami-Dade County and extends from Florida Department of Environmental Protection (FDEP) reference monument R-101 to R-108, in Section 33, Township 54 South, Range 42 East, within waters of the United States associated with the Atlantic Ocean. The project is proposed to extend from approximately 250 feet north of R-102 to approximately 750 feet south of R-107. The following previously authorized sources will provide beach compatible fill for this project: The Garcia Mining Company Sand Mine in Clewiston, FL, the E.R. Jahna Industries, Inc.-Ortona Sand Mine in Moore Haven, FL and the Vulcan Materials Witherspoon Sand Plant in Moore Haven, FL.

Directions to the site are as follows: Drive south on Rickenbacker Causeway to Crandon Blvd and turn left (east) onto Ocean Lane. Drive to the east end of Ocean Lane and arrive at the north section of the project site.

APPROXIMATE CENTRAL COORDINATES

Basic: The basic project purpose is shoreline stabilization and storm protection.

Overall: The overall project purpose is shoreline stabilization and storm protection along Key Biscayne, Miami-Dade County between FDEP monuments R-101 to R-108.

PERMIT HISTORY: Historical documents indicate that between April and June 1987 the Corps performed the initial beach renourishment along Key Biscayne between Florida Department of Natural Resources (Previously FDNR now FDEP) monuments R-101 to R-111 and from R-112 to R-113, which included the placement of approximately 420,000 yd3 of sand. On August 11, 2000, the Corps issued authorization SAJ-1999-04294 (IP-DSG) to the Village of Key Biscayne for a twenty-year permit including the restoration and stabilization of approximately 6,850 feet of beach shoreline between FDNR’s reference monuments R-101 to R-108. The project included the placement of 100,000 yd3 of sand to provide a berm height of +7 feet National Geodetic Vertical Datum 1929 (NGVD 29) with a design profile consisting of a 1V:10H foreshore slope. The beach material was obtained from three offshore borrow areas approximately 4,000 ft from the southeast end of Key Biscayne adjacent to the borrow area used by the Corps for the initial renourishment event, and was pumped and transported via hydraulic pipeline dredge. The project authorized impacts to 0.14 acres of seagrasses and included an associated mitigation plan to offset these impacts, and did not include hardbottom impacts due to lack of presence of hardbottom resources in the project area. Permit records indicate that SAJ-1999-04294 (IP-DSG) was modified three times on July 22, 2008, February 10,2010, and June 13, 2011 to modify the compensatory mitigation required by the permit to account for additional mitigation due to time lag and to ensure compliance. The mitigation has been completed and has been determined to be in compliance.

On May 23, 2012 the Corps issued authorization SAJ-1999-04294 (IP-AG) for the placement of 31,000 yd3 of beach quality sand for multiple maintenance events along 5,425 linear feet of shoreline between FDEP reference monuments R-101 and R-108 as needed for a ten (10) year period from the date of permit issuance. While the previous authorization SAJ-1999-04294 (IP-DSG) was still valid at the time SAJ-1999-04294 (IP-AG) was issued, a new authorization was issued due to the substantially revised project design that reduced impacts to nearshore seagrass resources. This permit authorized the placement of sand from the E.R. Jahna Industries, Inc.-Ortona Sand Mine in Moore Haven, Florida via truck haul within 10.9 acres (specifically, 5.5 acres landward of the Mean High Water Line (MHWL) and 5.4 acres waterward of the MHWL). The berm design included an average width of 24 feet (not to exceed 44 feet) at an elevation of +5.5 NGVD 29.

SAJ-1999-04294 (IP-AG) has been modified four times during the life of the project. The first modification was issued July 6, 2012 and authorized the placement of an additional 6,500 yd3 of beach compatible sand (for a total of 37,500 yd3) within the same length of beach as previously authorized and it approved a revised fill template based on physical and biological monitoring surveys to maintain the minimum 10 foot buffer from nearshore seagrass resources. This revised footprint also resulted in a 9,600 yd3 (0.7 acre) reduction of fill waterward of the MHWL. The second modification was issued March 29, 2017 and authorized a change to the construction schedule requirements pursuant to the revised U.S. Fish and Wildlife Service’s Statewide Programmatic Biological Opinion (2015 USFWS SPBO) dated February 27, 2015 and the U.S. Fish and Wildlife Service’s Programmatic Piping Plover Biological Opinion (2013 USFWS P3BO) dated May 22, 2013. This modification altered special conditions of the original permit to revise requirements to ensure the applicant adhered to the reasonable and prudent measures and terms and conditions of 2015 USFWS SPBO and to add a special condition to ensure the applicant adhered to the reasonable and prudent measures and terms and conditions of the 2013 USFWS P3BO. The third modification was issued September 11, 2020 and authorized the addition of the Vulcan Witherspoon Mine, Course “C” sand and Garcia Mine sand as optional approved sources to the existing Ortona Mine sand. The fourth modification was issued January 06, 2022 and authorized the extension of the expiration date of the permit from May 23, 2022 to May 23, 2024.

EXISTING CONDITIONS: The Village of Key Biscayne is located on a barrier island with its western shoreline on Biscayne Bay and eastern shoreline on the Atlantic Ocean. The barrier island is low-lying and vulnerable to damages due to coastal flooding from both the ocean and bay sides due to hurricanes and other storm related impacts, as well as the effects of sea level rise. The Atlantic-facing shoreline is also subject to chronic erosion due to wave activity since there is no persistence source of sediment input into the coastal cell. The beach renourishment project site consists of a previously re-nourished beach consisting of marine intertidal, unconsolidated shoreline. A submerged aquatic resource conducted in August 2022 confirmed nearshore seagrass beds are present along the shoreline, consistent with the history of the site. Beach compatible fill will be obtained from the following previously authorized sources: the Garcia Mining Company Sand Mine, the E.R. Jahna Industries, Inc.-Ortona Sand Mine and the Vulcan Materials Witherspoon Sand Plant. Sand Mine Granulometric Reports indicate that all sediment parameters from each proposed upland sand source are between 0.35mm and 0.60mm.

PROPOSED WORK: The applicant seeks authorization to place 40,090 yd3 of beach compatible fill material along 5,862 feet of shoreline between FDEP reference monuments R-101 and R-108. The beach placement will occur consistent with the previously authorized fill template authorized by SAJ-1999-04294 (IP-AG). Fill material will be excavated on an as-needed basis from either the Garcia Mining Company Sand Mine, the E.R. Jahna Industries, Inc.-Ortona Sand Mine or the Vulcan Materials Witherspoon Sand Plant then transported and deposited via truck haul prior to being graded to the beach fill template. The beach fill will have a typical dune elevation of +7.50 feet (+2.29 meters) NAVD 88, a typical berm elevation of +5.50 feet (+1.68 meters) NAVD 88, and a construction foreshore slope of 1 vertical to 10 horizontal. The proposed berm width has a range of approximately 0 to 60 feet (less than 24 feet on average).

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 beach fill template has been designed to avoid impacts to seagrass beds from the equilibrium toe of fill, with a minimum 10-foot (3.05 meters) setback from the nearshore limit of seagrasses.

-In order to reduce potential impact to threatened and endangered species, the proposed project will occur during daylight hours between sunrise and sunset and will be conducted in accordance with the 2015 USFWS SWPBO and the 2013 USFWS P3BO. The Project will also be conducted in accordance with the National Marine Fisheries Service 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO). The project will follow best management practices (BMPs) and implement all reasonable and prudent measures to minimize and avoid impacts to existing species, habitat and the coastal system.

-The Public Beach Access and South Beachwalk to the north and south of Oceana Key Biscayne Residences, respectively, will be utilized to allow trucks carrying beach compatible sand to fill the proposed beach design template. A 25-foot-wide (7.62-meters-wide) temporary road and staging mat will be placed within these beach access corridors, and shall connect along the beach, immediately seaward of the existing dune vegetation.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

No impacts to natural resources requiring mitigation are proposed; therefore, no mitigation plan is proposed.

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” Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), nesting sea turtles [loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), Kemp’s Ridley (Lepidochelys kempii), and green sea turtles (Chelonia mydas)], and the West Indian Manatee (Trichechus manatus). The Corps will request U.S. Fish and Wildlife Service (FWS) concurrence with these determinations under informal consultation related to the SPBO and P3BO reviews 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” swimming sea turtles [loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), Kemp’s Ridley (Lepidochelys kempii), and green sea turtles (Chelonia mydas)], Giant Manta Ray (Manta birostris) and Smalltooth Sawfish (Pristis pectinata). The Corps has reviewed the National Marine Fisheries Service (NMFS) SARBO 2020 to ensure the proposed work meets the Project Design Criteria for each species and meets the criteria to be utilized to evaluate a beach renourishment site; therefore, no additional consultation is required.

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 5.54 acres of subtidal and 2.78 acres of intertidal beach habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and 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 the South Atlantic Region. 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 proposed activity is not located in the vicinity of a federal navigation channel.

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 Miami Permits Section, 9900 SW 107th Avenue, Suite 203 Miami, Florida 33176-2785 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, Virginia King, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203 Miami, Florida 33176-2785; by electronic mail at Virginia.E.King@usace.army.mil; or, by telephone at (904)248-8516.

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 will be required from the Florida Department of Environmental Protection.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.