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: 5th Street Marina, LLC
c/o Orin Black
341 NW South River Drive
Miami, FL 33128
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Miami River. The project site is located at 405 & 431 NW S. River Drive and also 801 NW 4th Street, in Section 38, Township 54 South, Range 41 East, Miami, Miami-Dade County, Florida (Folio # 01-0200-1010, -1020, 01-4138-003-0130).
Directions to the site are as follows: From the Dolphin Expressway (SR836), take exit NW 12th Avenue. Head South until NW 7th Street and make a left. Continue East on NW 7th Street until you merge onto NW South River Drive. Continue South on NW South River Drive and the property is located on the left hand side at the corner of NW 8th Street and NW South River Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 25.778803º
Longitude -80.208389º
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline stabilization and dredging to improve water ingress and egress for an existing boatyard.
Overall: The overall project purpose is to conduct shoreline modifications and dredging and install a new travel lift at a property located on the Miami River, Miami-Dade County, Florida.
EXISTING CONDITIONS: The project is located on the Miami River at an existing commercial facility. The existing river bottom adjacent to the existing shoreline is not anticipated to contain any benthic resources. No corals or submerged aquatic vegetation is anticipated to be impacted by the proposed project. Juvenile fish species, sponges, filamentous algae and other inverts and sponges are likely to be the only resources using this area.
PROPOSED WORK: The applicant seeks authorization to conduct 2,210 square feet of maintenance dredging; conduct 2,210 square feet of non-maintenance dredging (down to -9.0 MLW); creation of a new travel lift basin for a new 110-ton motorized travel lift; install 22’-8” of new steel sheet pile and associated concrete seawall cap to support the travel lift; install 327’-11” of new steel sheet pile seawall with an associated 3’ x 2’ concrete seawall cap and 74- 14” x 14” concrete piles to close in the existing basin and fill it with 24,491.7 square feet (7,256 cubic yards) of clean fill.
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:
The proposed project footprint does not contain any submerged aquatic vegetation therefore the project will not create any adverse impacts to benthic resources. The applicant is proposing to minimize temporary turbidity impacts by deploying turbidity curtains during the construction phase.
COMPENSATORY MITIGATION: If it is determined that the issuance of a DA permit is appropriate, mitigation may be required. Evaluation of the final mitigation proposal will be based on the Wetland Assessment Technique for Environmental Review (WATER) for the Florida Power & Light (FPL) Everglades Mitigation Bank (EMB) or Uniform Mitigation Assessment Method (UMAM). Time lag and risk will be a required component of any mitigation requirement.
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 therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project “may affect, but is not likely to adversely affect” the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee 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 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > D > E > F > G > N > O > P >“MANLAA.” The Corps will request the U.S. Fish and Wildlife Service consultation with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
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 10,995 square feet of un-vegetated river bottom utilized by various life stages of juvenile fish and invertebrates commonly observed in Miami- Dade County. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Miami River and 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 SW 107th 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, Albert Gonzalez, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite #203, Miami, Florida 33176, by electronic mail at albert.gonzalez@usace.army.mil, by fax at (305)526-7184, or by telephone at (305)779-6055.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.