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: City of Miami
WATERWAY AND LOCATION: The project would affect waters of the United
States associated with the Biscayne Bay. The project site is located at 3501
Rickenbacker Causeway, Miami, Miami-Dade County, FL 33019.
Directions to the site are as follows: From I-95 South take the 1A exist toward
Rickenbacker Causeway/Key Biscayne. Turn left onto SW 6th Road. Continue onto
Rickenbacker Causeway/FL-913 S. Turn left onto Mast Academy Drive. Turn Left
onto Vero’s Street. You have arrived at Marine Stadium.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.743058°
Longitude -80.169732°
PROJECT PURPOSE:
Basic: The basic project purpose is the rehabilitation and enhancement of the existing Marine stadium structure to ensure the structural integrity of the existing structures.
Overall: The overall project purpose is for the rehabilitation and enhancement of the existing structures associated with the Miami Marine Stadium for future public use located on Virginia Key, Florida
EXISTING CONDITIONS: Adjacent to the stadium, sparse seagrass was present on six (6) of the transects. Four (4) species of seagrass were present at the Project site: Thalassia testudinum, Halodule wrightii, Halophila decipiens, and Halophila englemannii, but no Johnson's seagrass was observed. Overall, seagrass density was sparse and distribution was very patchy and isolated. Macroalgae, predominately Halimeda sp., was present on all eight (8) transects. While there were occasional sparse area with seagrass, the majority of the area adjacent to the stadium was silty sand or dominated by Halimeda sp. Underneath the stadium, barnacles, algae, and various sponges were growing on all of the pilings. Several octocorals were observed growing on both the pilings and the substrate underneath the stadium, primarily on the waterward edge. Bivalves were observed mainly along the bulkhead underneath the stadium.
Three species of stony coral were observed, Star coral (Solenastrea bournoni), Lesser starlet coral (Siderastrea radians), Round starlet coral (Siderastrea siderea) along the existing bulkhead and along the submerged debris in front of the marine stadium. None of the federally listed coral species were observed.
The shoreline adjacent to the marine stadium contains sparse mangrove and coastal wetland species. The proposed permittee responsible seagrass mitigation area consist of a typical dense seagrass shoal within Biscayne Bay with a mix of seagrass species and macro algae and invertebrates.
PROPOSED WORK: The project proposes the following components:
100 foot retaining wall to the east side of the existing stadium
a 1,170 sq ft slab on top of the proposed east retaining wall with 14 supporting piles
a 1,780 sq ft slab on top of the permitted [SAJ-2019-01008(NW-NML)] west retaining wall with 16 supporting piles
east ramp with 13 supporting piles,
west ramp with 13 supporting piles
4,475 sq ft stadium extension (includes sq ft of east and west ramps)
6 supporting piles for the northern stadium extension,
three storage area slabs to the east of the stadium equal to 991 sq ft with 16
supporting micro piles, three storage area slabs to the west of the stadium equal to 999 sq ft with 16
supporting micro piles placement of 333 linear feet of riprap underneath the stadium out to 8 feet waterward.
slip area for the occasional use by a mobile performance barge approximately 115 feet by 149 feet to be moored via a spud system 50 feet waterward from the center of the stadium.
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 following reports were conducted in order to provide the best avoidance methods or required mitigation within the project scope: UMAM Impact Assessment, Field Observation Report conducted with a Marine Resource Survey, updated FDEP benthic resource survey, and Miami-Dade County DERM Biological Assessment.
In order to avoid adverse indirect impacts, turbidity curtains will be installed around the Project area prior to construction and maintained until construction is complete. Turbidity control and monitoring will ensure that the proposed construction activities do not degrade adjacent surface water located outside the Project area.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant proposes to offset the proposed mangrove impacts with an onsite permittee mangrove mitigation project along the existing shoreline. The applicant also intends to offset seagrass impacts with an offsite permittee responsible seagrass mitigation project which will involve prop-scar restoration. Finally, the applicant will conduct coral relocation to avoid impacts to non-listed corals that are located adjacent to the marine stadium project footprint. These corals will be relocated to an area on the north shore of the marine stadium basin.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter..
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), and smalltooth sawfish (Pristis pectinata). Additionally, the proposed project will 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), 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 0.55 acres of vegetated and unvegetated bay bottom 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 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 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, 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.