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: Junam, LLC
1353 North Venetian Way
Miami, FL 33139
WATERWAY AND LOCATION: The project would affect waters associated with Biscayne Bay and is located at 1359 North Venetian Way, in Section 32, Township 53 South, Range 42 East, Miami Beach, Miami-Dade County, Florida 33139 (Folio Number: 02-3211-001-0155).
Directions to the site are as follows: Take FL-953 N/SW 42nd Ave/S Le Jenne Road. Take FL-836 E to NE 14th Terrace in Miami. Take NE 15th St and Venetian Causeway to N Venetian Way. The destination will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.791272°
Longitude -80.167639°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access.
Overall: The overall project purpose is to install docking facilities on Biscayne Bay, Miami-Dade County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of mixed density of Paddle grass (Halophila decipiens) were observed 25-feet waterward of the seawall, outside of the proposed project footprint. Only macroalgae (Halimeda sp.) was observed within the proposed dock footprint. The existing area surrounding the project area consists of existing seawall and concrete rubble.
PROPOSED WORK: The applicant seeks authorization to install new 250-square-feet concrete edge beam dock with grated decking inlay supported by (16) 12-inch x 12-inch concrete dock piles (16-square-feet); install (2) new 3K LB capacity jet-ski elevator lift with grated decking (144-square-feet); install new 54K LB capacity boatlift (180-square-feet); and install (2) new 12-inch diameter wood fender piles (2-square-feet). Turbidity curtains will be deployed during all stages of work.
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:
“minimize bottom shading to potential seagrass habitat, the entire structure will utilize grated decking to allow a minimum 43% light transmissivity to the baybottom. The dock will also be elevated 5.5' above the MHWL.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“There is no seagrass within the footprint of the proposed Project. Nonetheless, the proposed dock will include grated decking to allow for a minimum 43% light transmissivity to the baybottom. In addition, the concrete dock will be positioned 5.5' above the MHWL and all boatlifts will maintain a resting position of at least 5.0' above the MHWL. Therefore, no mitigation should be required.”
CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
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), Giant manta ray (Mobula birostris) and Smalltooth sawfish (Pristispectinata or its designated critical habitat. 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 574-square-feet (0.013 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.
Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 0.80 miles away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 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.
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.