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: Miami-Dade County
Attn: Jack Osterholt
701 NW 1st Court
Miami, FL 33136
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site, known as Miami Beach, is located between the State’s “DNR” beach monuments R-59 through R-61, in Section 26, Township 53 South, Range 42 East, Miami Beach, Miami-Dade County, Florida.
Directions to the site are as follows: From Collins Avenue, turn east on 31st (just north of the Palms Hotel and Spa located at 3025 Collins Avenue, Miami Beach FL 33140) or
32nd Street (just north of Hotel Riu Plaza located at 3101 Collins Avenue, Miami Beach FL 33140) towards the beach access. The project is located on the beach between the breakwater structures.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.805385°
Longitude: -80.122740°
PROJECT PURPOSE:
Basic: The basic project purpose is for beach nourishment.
Overall: The overall project purpose is beach nourishment for recreational use along Miami Beach in Miami Beach, Florida.
EXISTING CONDITIONS: The project area is an existing recreational beach that has eroded over time. The area surrounding the project area to the east consists of the Atlantic Ocean, to the west condos and hotels, and to the north and south a continuous sandy recreational beach. According to the benthic survey submitted by the Applicant, Appendices 1 through 8 show the survey path along each transect as well as the traces along the resource edges. For areas north and south of the proposed fill areas, the locations of benthic resources are reported based on the approximate distance from shore. For areas adjacent to or between fill areas (R-42.5 through R-62), the locations of benthic resources are reported based on the distance from the ETOF and shore.
Transects 3 through 8, Transect 16, and Transect 41 consisted of open sand without benthic growth along the entire transect length. All other transects from shore (high water line) out minimally to 500 ft (152 m) or 340 ft (104 m) from ETOF consisted of open sand without benthic growth with the exception of an area of rubble with algae between Transect 15 and 16 (between R-50 and R-51) and artificial structures (groin and breakwaters). Sand typically changed from fine, lighter colored sand to coarser, darker colored sand along the survey transects with a thin blue-green algae film on coarse sand. The color change is discernable on the aerials. East of the sand areas six categories of resources were observed as mapped in Appendices 1 through 8 of the Biological Assessment and described in greater detail: algae, algae with gorgonians, hard bottom, seagrass, rubble with algae, and spoil rubble.
PROPOSED WORK: The applicant seeks authorization to place beach compatible sand (10,000 cubic yards) covering a total area of 2.5 acres at a 1:10 slope. Fill material will be transported to the beach via the uplands via dump trucks.
AVOIDANCE AND MINIMIZATION INFORMATION – “The sand placement activity will comply with all requirements set forth in JCP 0233282-010-JM and subsequent modifications. Additionally, a Biological Assessment was completed in October 2019 for the Miami-Beach areas covered by the following permits: SAJ-2008-3953 (IP-IF), SAJ-2008-3952 (IP-IF), SAJ-2008-3955 (IP-IF), and SAJ-2009-2470 (IP-IF). The Biological Assessment included all areas in between the permitted areas, inclusive of the area between R59 and R61for this proposed work.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“See attached Biological Assessment.”
CULTURAL RESOURCES: 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: For the on-shore (nesting portion) of their life cycle, the Corps has made the determination of “may affect but is not likely to adversely affect” the Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), Hawksbill sea turtle (Eretmochelys imbricata), or Smalltooth sawfish (Pristis pectinata). The Corps has will seek concurrence with this determination from the FWS via separate correspondence.
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. Use of the Key resulted in the sequence A-B-C-G-H-I-N-O-P5 may affect, not likely to adversely affect. This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013.
The Corps has determined the proposed project may affect, but is not likely to adversely affect (“MANLAA”) Acropora sp. critical habitat, the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata), and the Nassau Grouper (Epinephelus striatus). A no effect determination was reached on smalltooth sawfish critical habitat, Acorpora sp. and listed corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with these determinations 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 2.5 acres of an existing beach utilized by various life stages of marine species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Florida Keys. 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 Southwest 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, Megan Clouser, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; or, by telephone at (305)526-7182.
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.