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: Boca Breeze, LLC
500 Stanton Christiana Road
Newark, Delaware 19713
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a private basing within Biscayne Bay. The project site is located at 775 S. Mashta Drive, in Section 06, Township 55, Range 42, Miami-Dade County, Key Biscayne, Florida 33149.
Directions to the site are as follows: From US-1, use the right 2 lanes to take the US-1 N exit toward Brickell Ave/ Brickwell Ave. Turn right onto FL-913 S/Rickenbacker Causeway. Continue, then turn right onto Knollwood Drive. Turn right on to W Mashta Dr. Turn right on N Mashta Drive, Turn right on Mashta Place, Project site at the end.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.686553°
Longitude: -80.178177°
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline stabilization and to improve water access.
Overall: The overall project purpose is to conduct shoreline modifications and install docking and fishing facilities at a private basin on Biscayne Bay, Miami-Dade County, Florida.
EXISTING CONDITIONS: The site is an existing private basin stabilized with a steel sheet pile seawall and riprap. In-water resources consist less than 5% of Shoal grass (Halodule wightii), 50% to 75% of Shoal grass (Halodule wightii), less than 5% of Manatee grass (Syrindodium filiforme), less than 5% of Turtle grass (Thalassia testudinum), 30% to 50% of Turtle grass (Thalassia testudinum), less than 5% of Paddle grass (Halophila decipiens), and 50% to 70% of Paddle grass (Halophila decipiens), non-listed corals, and sponges.
PROPOSED WORK: The applicant proposes the following components: install new L-shape dock (460-square-feet) with (7) 12-inch diameter wood piles; install new L-shape dock (335-square-feet) with (5) 12-inch diameter wood piles, accompanied by a 15-feet x 13-feet jet ski floating vessel platform (195-square-feet) and a 20K-pound capacity 12-feet x 12-feet elevator boatlift (144-square-feet); install new viewing/fishing platform (201-square-feet); install a new steel sheet pile seawall panel with concrete cap across 28.83-feet to close a hole in the existing shoreline (36.63-square-feet); install 5-cubic-yards of new riprap boulders on top of existing rubble 8-feet maximum water-ward from existing seawall panel wet-face across 28.83-feet and not to extend farther waterward than existing rock layer below (230.64-square-feet); install (6) new 12-inch diameter channel guide wood piles; and discharge 820-cubic-yards (3,759-square-feet) of new fill. Turbidity curtains will be installed before construction and will remain until all turbidity subsides.
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 structures were modified and shifted to avoid impacting existing seagrass, which is primarily present within the central interior of the basin and the northeastern corner. The proposed structures will therefore avoid existing seagrass.”
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
“The proposed work will avoid impacts to coral and seagrass. For this reason, mitigation should not be required.”
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The property has never been subject to an archaeological survey and there is potential for unrecorded archaeological sites. Therefore a CRAS of the project footprint, including staging areas for the project, must be completed prior to the Corps making a determination of effect under Section 106 of the National Historic Preservation Act for the project.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechusmanatus), green sea turtles (Cheloniamydas), loggerhead sea turtles (Carettacaretta), hawksbill sea turtles (Eretmochelysimbricata), kemps ridley sea turtles (Lepidochelyskempii), leatherback sea turtles (Dermochelyscoriacea), Nassau grouper (Epinephelusstriatus) and smalltooth sawfish (Pristispectinata or its designated critical habitat. 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.
The Corps has determined the proposal may affect the Johnson’s seagrass (Halophila johnsonii) designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 5,388-square-feet (0.12 acres) of habitat utilized by various life stages of Coastal Migratory Pelagics, Coral, Shrimp, Snapper Grouper, 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 the 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 Ave, Miami, Florida 33143 within 30 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, Luis Betancourt, in writing at the Miami Permits Section, 9900 SW 107th Ave., Miami, Florida; by electronic mail at Luis.o.betancourt@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.