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: Grove Harbour Marina and Caribbean Marketplace, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located at 2640 South Bayshore Drive, in Section 22, Township 54 South, 41 East, Miami, Florida 33133 (Folio # 01-4122-002-0011).
Directions to the site are as follows: From US1-N, turn right onto Grand Avenue. Turn right on McFarlene Road. McFarlene Road becomes Bayshore Drive. Turn right onto Charthouse. Destination is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.730302°
Longitude -80.233202°
PROJECT PURPOSE:
Basic: The basic project purpose is the expansion of an existing marina.
Overall: The overall project purpose is to expand an existing 45 slip marina by adding 18 additional slips capable of mooring vessels ranging in size from 40 to 120 feet in length at Grove Harbor Marina.
EXISTING CONDITIONS: The project area is located on Biscayne Bay within an area that contains several large marinas. The onsite vegetation consists of sparse to moderate coverage with some patches of dense coverage of Halophila decipiens. The existing marina currently houses 45 slips located at 2 main piers with finger piers. Water depths within the marina slips range between -6 feet to -8 feet MLW.
PROPOSED WORK: The applicant seeks authorization to expand the existing docking facility to create 18 additional slips by adding a new 8 foot by 15 foot aluminum gangway connecting to a new L-shaped floating dock that will have a 10 foot wide by 75 foot section and an 18 foot wide by 263 foot long section. The total new over water area will be 5,484 square feet. The project will also include the installation of 15-14” square concrete piles and 20- 18” concrete mooring piles.
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:
To avoid impacts to water quality, turbidity curtains will surround all in-water construction.
This marina expansion project was originally permitted by the Corps in 2009. At that time, the total over-water area of the structures was 12,292 square feet, and 29 new slips were proposed. That work was never completed. Since that time, the applicant has significantly reduced the over-water footprint of the marina to minimize impacts to marine resources. The total over-water area has been reduced by over half (to 5,484 sf) and the number of proposed slips is now 18. Because of these reductions, seagrass (particularly the dense areas) have been avoided completely by the structures.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided WATER scores and is planning to contribute to the FPL Everglades Mitigation Bank in order to offset impacts to resources as a result of the proposed project. Despite the efforts to avoid seagrass shading impacts, some shading is unavoidable. To compensate for the unavoidable impacts to 1,574 square feet of sparse H. decipiens, the applicant is proposing the purchase of 0.026 saltwater credits at the FPL Everglades Mitigation Bank.
CULTURAL RESOURCES: The Corps has determined the permit area the 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”.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect (“MANLAA”) 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 > G > H > I > J > K > N > O>P “MANLAA.” This determination is partially based on the previously determination by DERM that the project was consistent with the Miami-Dade Manatee Protection Plan for the previous larger scope and the concurrence provided by the FWS on 5 January 2006 and also the applicant following the standard manatee construction precautions for the proposed activity. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS).
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata) and would have “no affect” on Johnson’s seagrass (Halophila johnsonii) and its designated critical habitat, elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their designated critical habitat and the other 5 listed coral species found in Dade-County: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), knobby star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox). The Corps will request National Marine Fisheries 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 13,015 square feet of moderate density Halophila decipiens utilized by various life stages of coastal migratory pelagics, coral, shrimp, snapper-grouper complex and spiny lobster. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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/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, Miami, FL 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 at the letterhead address, by electronic mail at albert.gonzalez@usace.army.mil, or by telephone at 305-779-6055.
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.