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 DERM
c/o Mr. Jimmy Morales
WATERWAY AND LOCATION: The project would affect waters of the United States associated with open waters of the Atlantic Ocean. The project site is located approximately 900-1100 feet offshore between 2nd and 4th Street, Miami Beach, FL 33139.
Directions to the site are as follows: From north: Take I-95 South to exit 2D toward E/Miami Beach, Merge onto MacArthur Causeway, Continue on 5th St Drive to Ocean Dr. From south: Take US-1 North to Ronald Reagan Turnpike, Take FL-874 N and FL-836 to 5th St Drive to Ocean Dr. The project site is approximately 900 feet offshore.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.773258º
Longitude: -80.127289º
PROJECT PURPOSE:
Basic: The basic project purpose is to modifying a previously authorized artificial reef deployment area and installing an artificial reef located along the north portion of the deployment area.
Overall: The overall project purpose is to create a recreational dive/snorkel trail for the general public by modifying the previous authorized artificial reef deployment area and installing an artificial reef structure located along the north portion of the deployment area at the coordinates identified above in the Atlantic Ocean waters off the shore of Miami Beach.
EXISTING CONDITIONS: The existing environment consists of a saltwater system. The Project area mostly consists of sandy bottom with sparse submerged aquatic vegetation consisting of small, isolated patches of Halodule wrightii, one small area of Thalassia testudinum, and one small area of Syringodium filiforme. The area surrounding the Project is also comprised mostly of sand, with two low lying hardbottom patches, one patch identified in the northeastern portion and one patch identified to the north. Both have been excluded from the proposed artificial reef deployment area. Miscellaneous debris were also scattered throughout.
PROPOSED WORK: The applicant seeks authorization to modify a previously permitted artificial reef deployment area to contain 23.2 acres of submerged lands. In the first phase of construction, approximately 2,353 square feet (0.05 acres) of concrete artificial art sculptures consisting of 22 concrete cars will be deployed. The proposed deployment area has a water depth of -21’ mean low water (MLW) and will maintain a vertical clearance of -13.5’ MLW from the top of the reef profile relative to the MWL. Reef materials will be transported to the site via tugboat and/or barge. All future deployments at this site will be limited to natural or processed calcium carbonate materials such as limestone boulders, large concrete based materials such as connection/junction boxes, large sections of bridge decking or other construction demolition, or pre-fabricated concrete artificial reef modules. Unsuitable material including vessels or barges will not be deployed.
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 project will avoid direct and indirect impacts to all resources and maintain a 200-foot buffer from any hardbottom. Additionally, the artificial reef materials will be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material, or other deleterious substances. The deployed structures will serve as habitat for reef organisms, enhancing the surrounding environment.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to marine resources are anticipated; therefore, compensatory mitigation is not proposed.
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 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. 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 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > N > O > P >5 “may affect, not likely to adversely affect”. Provided the applicant adheres to the standard manatee construction conditions during the in-water work, the key results in a may affect, not likely to adversely affect determination. Due to the programmatic concurrence obtained from USFWS on the Key, no further consultation with USFWS was required on this individual project.
The project site is located in waters that are potentially utilized by the smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), Nassau grouper (Epinephelus striatus), and several species of swimming sea turtles, including the Loggerhead (Caretta caretta), Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempit). The aforementioned species may be affected by being unable to use the area for forage or refuge habitat due to potential avoidance of construction activities caused by the deployment of artificial reef material. Because these species are highly mobile and likely to leave the area during construction, the risk of injury from this type of construction activity is insignificant. Furthermore, the applicant agrees to adhere to the "Protected Species Construction Conditions". The Corps determined that the proposed project "may affect, but is not likely to adversely affect" the smalltooth sawfish, giant manta ray, Nassau grouper and swimming sea turtles or their designated critical habitat. The Corps will request concurrence with this determination from the National Marine Fisheries Service (NMFS) Protected Resources Division (PRD) pursuant to Section 7 of the Endangered Species Act, as amended, via separate letter.
The Corps has also determined the project “may affect, but is not likely to adversely affect” for the Elkhorn coral (Acropora palmate), Staghorn coral (Acropora cervicornis) and/or its designated critical habitat. The proposed project site falls within the species critical habitat; however, the proposed site is composed of sandy unconsolidated bottom, devoid of benthic habitats including seagrass, hardbottom or corals. Barren sandy areas of deployments are not suitable habitat for colonization of these species. Furthermore, the applicant has proposed to use BMP and the “Micro-Sitting Methodology” procedures to ensure all deployment occur only within unconsolidated sandy bottom. No benthic resources are currently present within the area proposed for deployment. The Corps will request the National Marine Fisheries Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act via a separate letter.
The Corps has determined that the project will have “no effect” on any other listed threatened or endangered species or its 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 23.2 acres of sandy bottom utilized by various life stages of various life stages of shrimp, reef fish, stone crab, snapper grouper complex, spiney lobster; and coastal migratory pelagics. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 South Branch 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 South Branch Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176; by electronic albert.gonazalez@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.