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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.


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Posted: 3/5/2018

Expiration date: 3/26/2018

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:     City of Miami

                           c/o Daniel Rotenberg

                           444 SW 2nd Avenue, 3rd Floor

                           Miami, FL 33130


WATERWAY AND LOCATION: The project is located in Biscayne Bay at 401 Biscayne Blvd, in Section 06, Township 54 South, Range 42 East, City of Miami, Miami-Dade County, Florida (Folio Number 01-0100-000-0520).


Directions to the site are as follows: From Downtown Miami head northeast on SE 4th Street towards SE 1st Avenue. Use the left lane to turn slightly left onto SE 1st Avenue. Turn right on East Flagler Street. Turn left onto Biscayne Boulevard. The project site will be on the right.


APPROXIMATE CENTRAL COORDINATES:          Latitude:     25. 779415º 

                                                                                  Longitude: -80.18356º



Basic: The basic project purpose is to improve vessel access.

Overall: The overall project purpose is to improve vessel access within the Miamarina at Bayside Marketplace, City of Miami, Miami-Dade County, Florida.     


EXISTING CONDITIONS: The project site is located within the Miamarina, a 156 slip facility owned and operated by the City of Miami. The upland areas adjacent to the project site consist of a commercial development and associated recreational and parking areas with Port Boulevard Bridge located on the north side and Bayside Marketplace located on the west side.


Coastal Systems International conducted a biological assessment on June 22, 2017 to document site conditions within the marina. The main focus of the inspection was Pier 5 along the northwest corner of the facility where the proposed work is to take place. Water depths within the survey area ranged from 3 to 24 feet deep, with the deepest water occurring at the northeastern extent of the survey area, just south of the bridge.


The types of communities observed along the submerged lands in the survey area consisted of sparse seagrass, macroalgae, occasional corals, sponges, bare sand, shell hash, and rubble. The submerged lands south of Pier 5 and the Port Boulevard Bridge consisted mostly of sand with occasional rock and silt, shell hash, and various debris. Immediately parallel to the shore along the fixed northern dock (Pier 5), the substrate consisted of silt and sand. Along the northern bridge the sediment consisted of rocky bottom. Visibility within the marina was generally low due to the easily suspended sediment in the water column resulting from heavy boat traffic. Water visibility was influenced by a strong current near the bridge and tidal fluctuation. During the survey visibility ranged between 5 to 10 feet.


Four species of seagrass, Paddle Grass (Halophila decipiens), Shoal Grass (Halodule wrightii), Turtle Grass (Thalassia testudinum), and Manatee Grass (Syringodium filiforme) were observed in the Project area. The predominant seagrass observed growing in the survey area was Halophila decipiens, making up 94.0% of seagrasses documented on-site. Numerous macroalgae species were observed within the survey area including both green and red algae species and Halimeda sp., Caulerpa sp., Laurencia sp., and Acanthaphora specifera. Several other organisms were observed including fishes, occasional corals, sponges, and crustaceans. Commonly observed species within the Project area included Gray Snapper (Lutjanus griseus), Spaghetti Worm (Eupolymnia crassicornis), and Porkfish (Anisotremus virginicus).


PROPOSED WORK: The applicant seeks authorization for:

Removal and replacement of Pier 5 along the north and west sides of the marina. The area to be replaced consists of 6,242 square feet of marginal dock (concrete frame with grated decking) along 568 linear feet of shoreline. The dock will be supported by existing concrete piles with the exception of 6 new concrete piles to be installed in the northwest corner of the facility for additional support;

Installation of a 646 foot long by 9.5 foot wide (6,137 square feet) dock extension (concrete frame with grated decking) to the east of Pier 5. The extension will be supported by 66 new concrete piles;

Replacement in the same footprint of 25 wood mooring piles within the reconstructed section of Pier 5; and

Installation of 45 wood fender piles along the new section of Pier 5.

The proposed work will not change the number of slips at the facility; however, mooring locations will be reallocated to include mooring along the extension to Pier 5. Turbidity curtains and erosion control measures will be deployed in waters of the United States and will remain in place until the work is completed and erodible materials have stabilized.


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:

“Coastal Systems will use light transmitting docking/grading for the proposed Pier 5 extension to reduce impacts of shading on seagrasses. All light-transmitting materials used in construction for minor piling-supported structures shall have a minimum of fifty (50) percent open space. Fiberglass decking material shall be constructed of Duradek T-5000 as manufactured by Strongwell. All watercraft will operate within waters of sufficient depth to preclude bottom scouring and prop dredging. In addition, please note that during construction staked and/or weighted floating turbidity curtains, extending to within one (1) foot from the bottom will be utilized around the Project area to ensure that any turbidity resulting from construction activities is contained within the Project boundaries. The "2011 Standard Manatee Conditions" and the "Sea Turtle and Smalltooth Sawfish Construction Conditions" will be adhered to during all in-water work.”


COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“Impacts to the aquatic environment are anticipated to be minor as the Project area contained very few marine resources. Sparse seagrass cover was observed (average 3%) and marine resources such as sponges, corals, and hydroids were observed only encrusting debris that will remain. No mitigation is proposed for the Halophila decipiens seagrasses observed because the density of the seagrass beds is so low in the area of impact, the seagrasses are ubiquitous to the area, and new recruits will likely recolonize underneath the Pier 5 extension. No impacts to corals as a result of the Project are anticipated since the corals observed were growing outside of the proposed project footprint or on existing marina structures. The 6 piles to be replaced are within the existing marina area and not colonized by corals or seagrasses.”


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 Corps has determined the project has the potential to affect the following species: West Indian manatee (Trichechus manatus) and designated critical habitat, American crocodile (Crocodylus acutus), piping plover (Charadrius melodus), Johnson’s seagrass (Halophila johnsonii) and designated critical habitat, 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), and Nassau grouper (Epinephelus striatus).

The Corps has determined that the proposed project would cause the following effects on federally listed species:

West Indian Manatee: The Corps has determined the proposed project “may affect” the 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 will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Johnson’s Seagrass Designated Critical Habitat: The project area is located within Johnson’s Critical Habitat and the benthic survey provided by Coastal Systems International revealed the presence of in the footprint of the proposed work. Therefore, the Corps has determined that the project “May Affect” Johnson’s Critical Habitat. As such, formal consultation with the National Marine Fisheries Service is required.

A “no effect” determination was reached on the American crocodile, piping plover, Johnson’s seagrass, loggerhead sea turtle critical habitat, and Nassau grouper. 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

12,379 square feet of submerged bottom utilized by various life stages of marine species. Our initial determination is that the proposed action may 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.


Navigation:  The proposed structure is approximately 0.4 miles south from the near bottom edge of the Intracoastal Waterway and 0.5 miles north of the near bottom edge of the Miami River.


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.

Jacksonville District Miami-Dade County permit public notice U.S. Army Corps of Engineers USACE