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: HSH Willisle Marina Company, LLP
c/o Scott Huizenga
7900 Glades Road, Suite 402
Boca Raton, FL 33434
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Maule Lake, to the west of Dumfoundling Bay. The project is located within Williams Island at 4100 Island Boulevard, in Section 10, Township 52 south, Range 42 east, City of Aventura, Miami-Dade County, Florida (Folio Number 28-2210-066-0023).
Directions to the site are as follows: From I-95 north, exit on Ives Dairy Road (NE 203street). Turn right onto Ives Dairy Road, bear right onto US-1 (Biscayne Boulevard), and turn left onto NE 183rd street (Williams Island Boulevard).
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.941111°
Longitude: -80.136111°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve vessel access.
Overall: The overall project purpose is to improve vessel access within Williams Island, City of Aventura, Miami-Dade County, Florida.
EXISTING CONDITIONS: The upland areas adjacent to the project sites consist of a multifamily residential development and associated recreational and parking areas. The work areas are located within the Williams Island Marina, a partially-enclosed basin with the perimeter of the basin supporting mangrove trees.
A site inspection performed by Coastal Systems International on November 3, 2017 indicates that water depths within the survey area ranged from approximately 4 to 16 feet deep, with the deepest water occurring at the north portion of the survey area in the center of the slip footprints. The submerged lands within the survey area consisted mostly of sand with high concentrations of silt and organic material, dense aggregations of oyster shells, sporadic man-made debris, various upland vegetative debris primarily from Red Mangrove (Rhizophora mangle) leaves in the area near the floating dock and Australian Pine (Casuarina equisetifolia) west of the floating dock. Based on site observations during the survey, the top 6 feet of water in the survey area was made up of primarily freshwater. Visibility within the marina was generally very good (approximately 10 feet) in the freshwater layer as there was little suspended sediment in the water column and the tannin levels in the water were moderate.
At a depth of 6 feet, a very prominent hydrogen sulfide rich layer was apparent, likely due to a combination of the decayed organic material and the lack of water circulation. Below the hydrogen sulfide rich layer, saltwater was present but light levels were drastically reduced. Within the salt water layer (from 6 feet below the surface to the bottom) the visibility was generally low (less than 3 feet) due to a combination of the easily suspended sediment in the water column, the effects of hydrogen sulfide rich layer separating the freshwater and saltwater, and the reduced light levels due to the tannins in the freshwater layer above.
No seagrass, macroalgae, sponge, or coral species were observed colonizing the surface of the existing floating dock or growing on the substrate within the Project area. Commonly observed fish species within the Project area included the primarily freshwater Mosquitofish (Gambusia affinis) which gathered in schools around the floating dock from the surface down to a depth of approximately 4 feet. Just below the freshwater layer, juvenile Gray Snapper (Lutjanus griseus), juvenile Great Barracuda (Sphyraena barracuda), and assorted Blenny species were observed. No fish species were observed in or below the hydrogen sulfide rich water layer, from 6 feet below the surface to the bottom.
PROPOSED WORK: The applicant seeks authorization for (1) the replacement of floating docks in the same footprint; (2) installation of finger piers; (3) reallocation of 106 powerboat slips based on actual usage patterns as follows:
North Marina:
Four existing 66-foot long slips will be converted into two 130-foot long slips. No additional structures to be installed in this area.
North Lagoon Marina 1:
Replacement of a 7.6 foot wide by 338.3 foot long floating dock (2,576.3 square feet) and installation of eight 5.9 foot wide by 29 foot long (171.1 square feet each) finger piers and one 11.1 foot wide by 29 foot long (321.9) finger pier. The finger piers will be secured by 15 wood piles and will be connected to the uplands by an aluminum gangway.
North Lagoon Marina 2:
Four existing 53-foot long slips will be converted into three 87-foot long slips. No additional structures to be installed in this area.
Island Club Marina:
Northwest Corner: Two existing 70-foot long slips will be converted into one 130-foot long slip. No additional structures to be installed in this area.
Southeast Corner: Two 20-foot long slips will be created. No additional structures to be installed in this area.
West Marina:
Ten existing 76-foot long slips will be converted into three 136-foot long slips and three 117-foot long slips. No additional structures to be installed in this area.
Temporary turbidity curtains will be deployed and remain in place for the duration of all in-water activities in/over waters of the United States. The work is proposed in accordance with the attached site plans.
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:
“Turbidity curtains will be installed during the replacement of the pilings in North Lagoon Marina 1. All watercraft associated with the construction of the proposed floating dock will only operate within waters of sufficient depth to preclude damage to the submerged lands and resources; sufficient depth can be defined as one-foot of clearance from the deepest draft of the vessel to the top of any submerged resources. Please note that this is the only proposed construction for this permit application.
The shoreline adjacent to the area where the proposed floating dock will be replaced also supports mangroves. Please note that the mangrove trees along the shoreline of the North Lagoon Marina 1 will not be impacted, as construction will occur from a barge. In addition, no mangrove tree trimming is proposed.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“No dredging activities are proposed as part of this permit application. The mangrove trees along the shoreline of the North Lagoon Marina 1 will not be impacted, as construction will occur from a barge. No mangrove tree trimming is proposed as part of this Project’s scope; the mangrove trees have subsisted along the Williams Island North Lagoon Marina shoreline since at least 1987, and there are no plans to eradicate the healthy trees. No shoreline construction is being proposed. ”
CULTURAL RESOURCES: The Corps has determined the permit area 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”.
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.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect the West Indian manatee (Trichechus manatus), American Crocodile (Crocodylus acutus), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), Nassau Grouper (Epinephelus striatus).
The Corps has determined that the proposed project would cause the following effects on federally listed species:
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 April 12, 2013. Use of the Manatee Key resulted in the following sequential determination: A > B> C > G > H > I > J > K > “May Affect”. The project site is not located in a warm water aggregation area; however, the project has not been reviewed by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service (FWS) and confirmed consistency with the Miami-Dade County Manatee Protection Plan has not been provided. Therefore, formal consultation with the FWS is required.
Swimming Sea Turtles and Smalltooth Sawfish: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” green sea turtles, loggerhead sea turtles, hawksbill sea turtles, Kemp’s ridley sea turtles, leatherback sea turtles, and smalltooth sawfish. The Corps evaluated the proposed work utilizing NMFS’s Statewide Programmatic Biological Opinion (SWPBO) dated December 4, 2015 and has initiated the Tier II process established in the SWPBO reviews.
A “no effect” determination was reached on the American Crocodile. Consultation with Service Agencies is not required for determination of “no effect
The Corps has determined the proposal will not affect any other threatened or endangered species or designated critical habitat other that the species listed above.
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
4,188 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. 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: A 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.