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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Brickell Place Marina, Inc.
c/o Eliot Junco
1901 Brickell Avenue
Miami, FL 33131
WATERWAY AND LOCATION: The project would affect waters of the United States within Biscayne Bay. The project site is located at the Brickell Place Marina at 1901 Brickell Avenue, in Section 39, Township 54 south, Range 41 east, City of Miami, Miami-Dade County, Florida (Folio Number 01-4139-022-0001).
Directions to the site are as follows: From Downtown Miami - Get on I-95 South. Head northeast on SE 4th Street toward SE 1st Avenue. Turn right on SE 4th Street. Turn right onto SE 2nd Avenue/Brickell Avenue. Use the 2nd from the left lane to turn left onto SE 8th Street. Turn right onto Brickell Bay Drive. The property will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.75349º
Basic: The basic project purpose is for vessel access.
Overall: The overall project purpose is for vessel access in Biscayne Bay, City of Miami, Miami-Dade County, Florida.
EXISTING CONDITIONS: The site is located within a developed subdivision adjacent to Biscayne Bay in the City of Miami, Miami-Dade County, Florida. The project site consists of a multifamily property stabilized by a concrete seawall and cap. The project site presently contains a docking facility comprised of three main concrete piers (northern pier, center pier, and southern pier) with associated finger piers to accommodate a total of 70 wet slips (67 powerboat and 3 sailboat). The proposed work will take place at the waterward end of each one of the concrete piers at approximately 210 feet waterward from the existing seawall. According to the applicant, the work areas have been continuously used for mooring. Water depths in the area range between 5 and 8 feet mean low water.
At this time, the Corps cannot determine whether the project will impact submerged aquatic vegetation because a benthic survey depicting the current site conditions was not provided.
PROPOSED WORK: The applicant seeks authorization for the construction of two 3-foot wide by 20 foot long (60 square feet each) finger piers supported by 1 concrete pile each along the terminal side of the northernmost pier and for the installation of 4 wood fender piles on the terminal side of the center pier. The proposed structures along with the installation of new marine hardware on the terminal side of all three piers create 4 additional slips at the site, for a total of 74 slips within the docking facility.
Work is proposed in Waters of the United States in accordance with the attached site plans.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information:
“In order to avoid and minimize impacts, the finger piers have been reduced from 4’-7” in width, as originally proposed, to 3’ (a total reduction of 63 square feet). Additionally, the finger piers will contain grated decking”.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Given that this site is already a full-capacity marina, and the finger piers and slips are proposed to be installed within existing or traditionally used slip spaces, this Project will cause no additional adverse impacts to submerged aquatic vegetation. In addition, grated decking is also proposed to be utilized on the finger piers. Moreover, ambient water quality (salinity, turbidity, etc.) will be preserved through the use of turbidity curtains during in water work. And, there will be no net increase in the number of powerboat operating slips at this marina, so the Project is in compliance with the Manatee Protection Plan. Thus, as there will be no impacts to benthic resources, water quality will be maintained through the use of turbidity curtains, and manatees will not be threatened by the proposed Project, compensatory mitigation should not be required.”
CULTURAL RESOURCES: 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 has the potential to affect the following species: West Indian Manatee (Trichechus manatus) and its critical habitat, American Crocodile (Crocodylus acutus), Johnson's seagrass (Halophila johnsonii) and its designated critical habitat, Green Sea Turtles (Chelonia mydas), Loggerhead Sea Turtles (Caretta caretta) and its designated critical habitat, Hawksbill Sea Turtles (Eretmochelys imbricata), Kemp’s Ridley Sea Turtles (Lepidochelys kempii), Leatherback Sea Turtles (Dermochelys coriacea), Smalltooth Sawfish (Pristis pectinata), and Nassau Grouper (Epinephelus striatus). The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Services determination pursuant to Section 7 of the Endangered Species Act.
West Indian Manatee: Potential impacts 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 12 April 2013. Confirmed concurrence with the Miami-Dade County Manatee Protection Plan has not been submitted. Therefore, use of the Key resulted in the sequence A-B-C-G-H-I-J-K “may affect”. As such, formal consultation with the US Fish and Wildlife Service is required.
Johnson’s Seagrass and designated critical habitat: A benthic survey reflecting the current site conditions was not provided and the Corps is unable to determine if Johnson’s seagrass is present within the project site. Therefore, the Corps has determined that the project “may affect” Johnson’s Seagrass and its designated critical habitat .As such, formal consultation with the National Marine Fisheries Service is required.
Green Sea Turtles, Loggerhead Sea Turtles, Hawksbill Sea Turtles, Kemp’s Ridley Sea Turtles, Leatherback Sea Turtles, and Smalltooth Sawfish species: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the swimming Green Sea Turtles, Loggerhead Sea Turtles, Hawksbill Sea Turtles, Kemp’s Ridley Sea Turtles, Leatherback Sea Turtles, and Smalltooth Sawfish species. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Loggerhead Sea Turtle designated critical habitat: The property is not located within loggerhead sea turtle critical habitat. Therefore, a “no effect” has been reached for Loggerhead Sea Turtle critical habitat.
Nassau Grouper: The juvenile grouper lives in dense mature seagrass beds and there is no dense seagrass at the project site. The mature fish live in deep water near coral reefs. The Nassau Grouper is a highly mobile species and any construction noise would cause them to leave the area; therefore, the Corps has made a “no effect” determination for the Nassau grouper.
American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile, therefore, the Corps has determined the proposal would have no effect on the crocodile. Where the Corps makes a “no effect” determination to a listed species, no further 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 60 square feet of submerged bottom utilized by various life stages of marine species. Our initial determination is that the proposed action would not have an adverse impact on EFH or Federally managed fisheries in 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 Southwest 107the 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, Nicole Fresard, in writing at the Miami Permits Section, 9900 Southwest, Suite 203, Miami, Florida 33176; by electronic mail at Nicole.D.Fresard@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6053.
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.