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: HC Investors #1, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Miami River. The project site is located at 1884 NW North River Drive, in Section 34, Township 53 South Range 41 East, Miami, Miami-Dade County, Florida (Folio # 01-3134-017-0140 & 01-3134-024-1180).
Directions to the site are as follows: From Interstate I-95, take State Highway FL-836 East to the NW 12th Avenue South Exit. Turn slight left onto NW 12th Street, then turn slight right on to NW North River Drive. The project site, 1884 NW North River Drive, is on your left.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.787341°
Basic: The basic project purpose is for improved boating access at an existing marina.
Overall: The overall project purpose is for improved boating access at an existing marina in east-central Miami-Dade County.
EXISTING CONDITIONS: The wetland system consists of a predominantly freshwater system but can contain saltwater as well since the Miami River does not have a salinity control structure and is subject to tidal influences. The onsite vegetation consists of an upland lot. The existing area surrounding the project area consists of the Miami River which is a dredged, largely bulkheaded waterway.
PROPOSED WORK: The applicant seeks authorization to construct:
1. A new 780 square foot wood dock capable of mooring (15) 40' vessels and (1) 30' vessel;
2. A new 1,280 square foot wood dock capable of mooring (22) 40' vessels and (1) 60' vessel;
3. A new 245 square foot wood dock capable of mooring (8) 60' vessels;
4. A new 3,944 square foot floating dock capable of mooring (10) 80' vessels; and
5. 60,639 square feet (4,491 cubic yards) of maintenance dredging to -7.0' MLW.
The project will also include temporary deployment of floating turbidity barriers during the construction phase. Work is proposed in U.S. navigable waters in accordance with the enclosed site plans (5 pages).
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:
Floating turbidity barriers will be deployed during the construction phase.
COMPENSATORY MITIGATION –
The applicant has provided the following explanation why compensatory mitigation should not be required:
There is no compensatory mitigation proposed as there are no impacts 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: West Indian (Florida) manatee (Trichechus manatus): The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but 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>P4 “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity as well as the evidence of previously existing slips. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
American crocodile (Crocodylus acutus): According to the biological assessment submitted, the property located does not support suitable nesting habitat for the crocodile as the shoreline is hardened. Therefore, the Corps has reached a “no effect” determination on the American crocodile and its suitable nesting habitat. When the Corps makes a “no effect” determination, no further consultation with the resource agency is required.
Piping plover (Charadrius melodus): According to the Multi species recovery plan the aforementioned species do not breed in Florida, but may winter in Florida. The PCEs for the species are found in geographically dynamic coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide), and associated dune systems and flats above annual high tide. The project site is not within optimal habitat for these species as the project is located within Biscayne Bay. Based on information available a no effect determination has been reached on these species and its native habitat.
The Corps has determined the proposed project “may affect, 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 elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and “may affect, likely to adversely affect” Johnson’s seagrass (Halophila johnsonii). 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 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 60,639 sq. ft. of submerged bottom utilized by various life stages of penaid shrimp, 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 the South Atlantic Fishery Management Council. 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.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 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, 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; or, by telephone at (305)526-7182.
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.