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: Gary Cohen
NI Holdings, LLC
2750 NE 185th Street, Suite 301
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Dumfoundling Bay. The project site is located at 4051 Island Estates Drive in Section 10, Range 42E Township 52S, Miami-Dade County, Aventura, Florida 33160 (Folio 28-2210-085-0230).
Directions to the site are as follows: From Miami take I-95 North to Ives Dairy Road East, turn Right onto Biscayne Blvd., turn left to NE 183rd Street, slight right to Island Blvd, turn left onto NE 33rd PL
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.944381°
Longitude: -80.133486°
PROJECT PURPOSE:
Basic: To provide mooring of 100 foot long vessels
Overall: To provide mooring of 100 foot long vessels in Miami-Dade County
EXISTING CONDITIONS: The existing multi-family residential marina was permitted on October 2, 1998 and has 48 slips. The marina is concrete and encompasses 14,300 square feet, with 48 slips.
PROPOSED WORK: The applicant seeks authorization to expand the existing marina by adding six, 225 square foot (5’ x 45’), concrete finger piers. This will be accomplished by adding two finger piers perpendicular to each of the terminal platforms on three of the main piers. The most northerly pier will have an addition of 295 square feet (29.5’ x 10) on the terminal platform. The marina’s overwater area will increase by 1,645 sq. ft. The additions will add six (6) slips to the marina, an increase from 48 slips to 54 slips. The new slips will be used by vessels that are ~100 ft. long.
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:
“NI Holdings proposes to expand the existing marina in areas with sufficient water depth rather than add new structures along the shoreline. Alternative locations for a docking facility would likely require dredging and potentially impact benthic resources. No impacts are proposed with the expansion of the existing facility and no dredging is proposed”
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
“Because the project will not impact benthic resources, no compensatory mitigation is necessary”
CULTURAL RESOURCES:
The Corps has determined the permit 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”.
In addition, 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 may affect, but is not likely to adversely affect the 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) and West Indian manatee (Trichechus manatus) The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 0.38 acres of habitat type utilized by various life stages of species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Dumfoundling 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/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 SW 107th Ave., 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 Liette, in writing at the Miami Permits Section, 9900 107th Ave., Suite 203, Miami, Florida 33176; by electronic mail at Nicole.m.liette@usace.army.mil; or, by telephone at (305)779-6051.
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.