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: Village of Bal Harbour
c/o Jorge M. Gonzalez, City Manager
655 96th Street
Bal Harbour, FL 33154
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Haulover Inlet and the near shore waters of the Atlantic Ocean. The project site is located at 10295 Collins Avenue in Section 44, Township 22 South, 26 East, Bal Harbour, Florida 33154 (Folio # 12-2226-005-0030).
Directions to the site are as follows: I-95, east on NE 125th St, east on NE 123rd St, North on A1-A.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.899446°
Basic: The basic project purpose is for shoreline stabilization and improvements to water access.
Overall: The overall project purpose is to conduct shoreline stabilization and to provide improved public water access for viewing and water-based recreation activities at an existing public park at Haulover Inlet in Bal Harbor, Florida.
EXISTING CONDITIONS: The project site consist of an existing municipal public park with approximately 800 liner feet of waterfrontage. The park does not contain any wetlands and marine resources are limited to the areas containing the riprap revetment that borders the inlet cutwalk and the existing jetty. The upland portions of the park contains landscaped areas, palm trees, pave sidewalks, beach access and other recreational infrastructure. The existing shoreline is currently stabilized by a combination of low elevation concrete seawalls and a limestone riprap rock revetment.
The benthic community of the subject site consisted of sand, crushed shell and
rip rap. Depths within the survey area varied from 5’-20’ with depths increasing with distance towards the center of the inlet. No species of seagrass were observed. Resources observed within the survey area included numerous coral growing on the rip rap, including at least three (3) mustard hill coral colonies (Porites astreoides, >10cm), 139 colonies of white encrusting zoanthid (Palythoa caribaeorum, >10cm), 224 lesser starlet coral colonies (Siderastrea radians, <1cm – 30 cm), ten (10) common brain coral (Faviidae spp., 20 cm – 30 cm) and one (1) smooth star coral (Solenastrea bournoni, >10cm). A total of 205 riprap boulders were documented to contain 90% coverage of coral species, predominately the white encrusting zoanthid P. caribaeorum. Coral
colonies were observed on rip rap throughout the survey area, beginning at the
mean low water line approximately 8’ waterward of the cutwalk. Fish species observed within the survey area included foureye butterflyfish (Chaetodon capistratus), sergeant major (Abudefduf saxatilis), Atlantic tarpon (Megalops atlanticus), rainbow parrotfish (Scarus guacamaia), lionfish (Pterois volitans), sheepshead (Archosargus probatocephalus), mangrove snapper (Lutjanus griseus) and checkered puffer (Sphoeroides testudineus). No listed coral species were documented at the site.
PROPOSED WORK: The applicant seeks authorization to reinforce 338 linear feet of seawall, installation of 1,262 square feet of overwater wood cantilevered platforms, installation of 1,987 square feet of cantilevered grated catwalks, installation of concrete cantilevered structures (there will be 186 square feet of cantilevered concrete platforms beyond the edge of the existing seawall and 2,535 square feet of proposed cantilevered concrete platforms beyond the edge of the existing jetty), installation of 1,938 square feet of stepdown platforms at the end of the jetty on the landward side that will be installed over existing riprap and the placement of 4,000 new cubic yards to be placed throughout the existing 16,400 square foot riprap area on the jetty. The project is proposing the installation of 37 (18”) auger cast pile with metal casing, 28 (18”) auger cast pile, 30 (10”) grouted piles and 19 (24”) auger cast pile with metal casing. The total area of work over water is 9,546 square feet. All work will be conducted from the uplands. The project will include the temporary deployment of turbidity curtains surrounding the construction areas.
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 project has been through several reductions in both the size of the platforms and their location. All structures are proposed to be cantilevered to avoid installing piles and impacting any corals. The platforms have been placed in areas with the least amount of corals observed, and grated decking is proposed to limit any potential shading.
COMPENSATORY MITIGATION –If it is determined that the issuance of a DA permit is appropriate, mitigation may be required. Evaluation of the final mitigation proposal will be based on the Wetland Assessment Technique for Environmental Review (WATER) for the Florida Power & Light (FPL) Everglades Mitigation Bank (EMB) or Uniform Mitigation Assessment Method (UMAM). Time lag and risk will be a required component of any mitigation requirement.
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, and 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 > N > O>P “MANLAA.” This determination is partially based on 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), pursuant to the Manatee Key.
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 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), rough cactus coral (Mycetophyllia ferox), Nassua grouper (Epinephelus stariatus) and giant manta ray (Manta birostris). 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 impact approximately 9,546 square feet of nearshore and hard bottom community present along the riprap jetty and shoreline area utilized by various life stages of snapper-grouper complex, spiney lobster and penaeid shrimp, coastal migratory and non-listed coral species. Our initial determination is that the proposed action would potentially 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 is 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 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 at the letterhead address, by electronic mail at email@example.com, 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.