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: U.S. Department of the Interior
National Park Service
Biscayne National Park
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay/Atlantic Ocean. The project site is located near the existing Biscayne National Park, east of Homestead, Florida and proposes archeological survey activities in, over, or under waters of the United States in Section 34, Township 57 South, Range 40 East, unincorporated Miami-Dade County, Florida.
Directions to the site are as follows: To reach the project from Miami, travel south on the Turnpike (HEFT) to the exit for Southwest 137th Ave. Proceed south until SW 328 St and proceed east until the road ends.
APPROXIMATE CENTRAL COORDINATES: To be determined
PROJECT PURPOSE:
Basic: The basic project purpose is to conduct an archeological survey.
Overall: The overall project purpose is to conduct an archeological survey, in southeast Miami-Dade County.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. Sites identified for potential Phase II survey (test excavation) would first be surveyed for water quality and the presence of endangered or protected species as well as benthic habitat type. All sessile sea life will be avoided during excavation (no excavation will occur on the reef or in grassy areas – testing would occur only in areas of barren sand). No attempts will be made to excavate sites covered by coral, sea grass, or other protected natural resources. Actual areas to be excavated are estimated to be approximately 6 meters square.
PROPOSED WORK: The applicant seeks authorization to excavate approximately 20 cubic meters by using a water induction dredge approximately 75 feet from the excavation site. The material will be located in a discrete location near the excavation unit and will be kept into that location for the duration of excavation activities. Sediment collection will be slowed down through the use of quarter inch mesh bags which will slow the dispersal of sediment while catching any artifacts missed by archeologists during excavation. The dredge hose will be manipulated by a diver.
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:
Secondary impacts will not occur during construction activities. At no time will sediments be released into the water column or carried to the surface (sediment transport will be maintained on the seafloor and replaced in the same hole from which it came).
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has not proposed mitigation because there will be no change in the depth/constitution of the benthic environment.
CULTURAL RESOURCES:
The National Park Service initiated consultation with the SHPO on November 28, 2016. 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: A preliminary review the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service’s Protected Resource Divisions (NMFS-PRD)’s list of Endangered and Threatened Species indicates the following listed species may occur in the project area:
West Indian Manatee: The Corps has determined the project will have “no effect” on the West Indian manatee (Trichechus manatus) or its designated critical habitat.
Smalltooth Sawfish and Swimming Sea Turtles: The Corps has determined the proposed project will have “No effect” on green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their 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).
Federally Listed Corals: The Corps has determined the project will have “No effect” on elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their designated critical habitat and the 5 listed coral species found in Dade-County: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), knobby star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox). The Corps will request National Marine Fisheries Service’s concurrence pursuant to Section 7 of the Endangered Species Act by separate letter.
Johnson’s Seagrass: The Corps has determined that the project will have “no effect” Johnson’s seagrass (Halophila johnsonii) designated critical habitat and would have “no effect” on Johnson’s seagrass (Halophila johnsonii).
This notice serves as request for information from the U.S. Fish and Wildlife Service, the National Marine Fisheries Service’s Protected Resource Division, and any other interested party, on whether any species listed or proposed for listing may be present in the area.
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 20 cubic meters of coarse carbonate sands, utilized by various life stages of the 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 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 107th Avenue, Suite 203, Miami, FL 33176 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, Megan Clouser, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)526-7182.
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.