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: 1100 West Investments, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located between the 10th and 12th Street at 1000, 1100 and 1200 West Avenue, Miami Beach, Section 33, Township 53 South, Range 42 East, Miami-Dade County, Florida ( Folio #02-4203-334-0001)
Directions to the site are as follows: From I-95, take the I-395 East exit across SR A1A/MacArthur Causeway to Miami Beach, take the flyover bridge to go north on Alton Road, turn left onto 10th Street and follow it to the end.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.781944°
Longitude -80.143333°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a public baywalk.
Overall: The overall project purpose is to provide a public pedestrian pathway from 10th Street to 12th Street on Biscayne Bay in Miami Beach, Florida.
EXISTING CONDITIONS: The project is in a marine system in Biscayne Bay. The existing project area consists of sandy/silty sediments bordered by a seawall. There are several outfalls along the seawall including two at 10th Street. Two mounds of riprap with no coral growth are present in front of the outfalls at 10th Street. Smaller riprap rubble with scattered coral is present adjacent to the seawall in front of the three private multifamily properties. Seagrasses are present in the vicinity of project with 12 square feet within the footprint of the project. Seagrasses document adjacent to the project footprint are composed of a mixture of Thalassia testudinum, Halophila decipiens and Halodule wrightii. The project also contains various types of maco-algae, sponges and other benthic resources normally found in Biscayne Bay as well as several species of fish normally present.
PROPOSED WORK: The applicant seeks authorization to construct a Baywalk from 10th Street to 12th Street on Biscayne Bay. The project will provide public access from the park at the end of 10th Street with an Americans with Disabilities Act (ADA) accessible ramp. The proposed Baywalk is 928 feet long by 10 feet wide and supported by 140-12-inch square pilings. There is a six-foot separation between the inside edge of the Baywalk and the existing seawall. There are also three access stairways for the properties at 1000, 1100 and 1200 West Avenue. The total overwater square footage is 9,646 square feet.
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 elevation of the Baywalk is more than five feet above mean high water. In addition, the center six feet of the Baywalk will consist of grated decking that allows 43% light penetration for seagrass growth. Any coral in the footprint of the pilings will be relocated prior to pile installation. Floating turbidity curtains will be placed around the area of work to meet water quality protection standards.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Impacts to seagrass were estimated to be negligible (12 square feet) and, therefore, should not require compensatory mitigation. No impacts to coral are anticipated.
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: 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 “may affect, and is likely to adversely affect” Johnson’s seagrass (Halophila johnsonii) designated critical habitat. Additionally, the proposed project will have “no affect” on Johnson’s seagrass (Halophila johnsonii), 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), boulder star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox) and Nassua grouper ( Epinephelus stariatus). 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 habit
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 cause shading impacts to approximately 0.15 acres of unconsolidated sediment with no submerged aquatic vegetation and approximately 12 square feet of seagrass habitat utilized by various life stages of coastal migratory pelagics and snapper-grouper complex.. 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, 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; 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 Service, 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.
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.