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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Hi-Lift LLC
c/o Steven L. Kinderman
2890 NE 187th Street
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a canal connected to Dumfoundling Bay. The project site is located at 2890 NE 187th Street, in Section 3, Township 52S, Range 42E, Miami-Dade County, Aventura, Florida 33180 (Folio 28-2203-000-0020).
Directions to the site are as follows: I-95 to Miami Gardens Drive, Go east to Biscayne Blvd., head North to NE 187th Street, go East on NE 187th.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.94782°
Basic: Update and modernize the existing marina staging docks (wider and safer) and add a marginal floating dock with additional slips for increased mooring of vessels.
Overall: Update and modernize the existing marina staging docks (wider and safer) and add a marginal floating dock with additional slips for increased mooring of vessels in Aventura, Florida.
EXISTING CONDITIONS: The site is an existing marina on the canal connected to Dumfoundling Bay. A benthic study was conducted on September 27, 2018. No seagrass was observed. Rip rap with macroalgae and oysters colonization were observed near the toe of the seawall on the south side of the canal. No other resources were observed.
PROPOSED WORK: The applicant seeks authorization to expand and renovate the existing marina by:
1) Remove the five existing (north to south: 6.0' x 20.0', 6.0' x 24.0', 6.0' x 24.0', 6.0' x 24.0', 6.0' x 29.0') floating finger piers on the west side of the canal and replace them with 4 new floating fingers piers of different dimensions (North to South 6.5' x 16', 6.5 x 24', 6.5' x 54, 8' x 95'). Each finger pier will have a (4' x 20' ) gangway. The total over water area will be 1,450 square feet.
2) Remove the existing 5 (6' x 15') fixed finger piers on the south side of the canal and Install a floating marginal dock (8' x 384') with a (4' x 20') gangway and 4 finger piers ( 6' x 30'). The total over water area will be 3,812 square feet.
3) Relocate the 5 (6'x15') fixed finger piers approximately 100 feet east (on the south side of the canal). The total over water area will be 450 square feet.
4) Turbidity curtain will be utilized during construction and will remain until all turbidity from construction has subsided.
The total over water area of the expanded marina will be 5,630 square feet, an increase of 4,000 square feet of the existing marina. The number of slips will increase from 28 to 34 slips.
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 utilized.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No resources will be impacted, therefore compensatory mitigation should not be required.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. 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: Option A: 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), hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), smalltooth sawfish (Pristis pectinata), 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 0.1336 acres of habitat 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 SW 107th Ave., Suite 203,Miami, Florida 33176; by electronic mail at Nicole.firstname.lastname@example.org; 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.