TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a 10-year 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: Yacht Club by Luxcom, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 6527 SW 152 St., in Section 24, Township 55 South, Range 40 East, Village of Palmetto Bay, Miami-Dade County, Florida (folio #33-5024-000-0025).
Directions to the site are as follows: From U.S. 1 south, turn left onto SW 67th Ave/Ludlam Rd. Turn left onto SW 152nd St.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.632178°
Longitude: - 80.297125°
Basic: The basic project purpose is for a multi-family residential development with a canal/surface water reconfiguration for boating access and has provided a permittee responsible mitigation plan.
Overall: The overall project purpose is beach nourishment for a multi-family residential development with a canal/surface water reconfiguration for boating access and has provided a permittee responsible mitigation plan in southeast Miami-Dade County, Florida.
EXISTING CONDITIONS: The project site is a 70-acre parcel located in Palmetto Bay, Florida. Prior to development the site supported a combination of upland and wetland habitats including pine rockland, marl prairie, saltmarsh, and mangroves forests. A power generation facility (FPL Cutler Plant) was constructed onsite circa 1950. The FPL Cutler Plant closed in 2013. Regular maintenance of the site (mowing) has continued to present day.
PROPOSED WORK: The project proposes a waterfront single-family residential development with 121 waterfront lots. Upland excavation to create new canals with a marginal dock adjacent to each residential lot. A common docking facility is proposed in the boat basin to accommodate up to 58 boat slips (vessels up to 105' in length). Dredge and fill activities are proposed to support creation of the new canals, expansion of the existing boat basin, and expansion/optimization of the waterfront residential lot area. ~2.070 acres of tidal surface waters are proposed to be filled and approximately 12.485 acres of tidal surface waters are proposed to be created at the Project site. 2.339 acres / 32,668 cubic yards of dredging is proposed in surface waters. 11,958 linear feet of bulkhead is proposed in existing uplands and 1,940 linear feet of bulkhead is proposed in existing surface waters. 2.76 acres of unavoidable wetland impacts are proposed due to the development; onsite mitigation and mitigation bank contribution is proposed.
AVOIDANCE AND MINIMIZATION INFORMATION – “Area of wetland and surface water impacts were reduced as compared to the previously proposed 123-unit site plan. During construction, stormwater will be maintained via silt fence and erosion control measures. The Project will deploy and maintain turbidity curtains and monitor turbidity as appropriate during construction to avoid adverse effects to fish habitat, ambient water conditions or any other marine biological resources. The project will comply with applicable JaxBO PDCs, Manatee Conditions for In-Water Work, and NOAA NMFS Southeast Regional Office Protected Species Construction Conditions. Manatee educational signage will be posted at the common docking facility.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided a mitigation plan dated November 2021.
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 the West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A-B8, may affect. The Corps will initiate formal consultation pursuant to the Effect Determination Key for the manatee dated April 2013.
The Corps has determined the proposed project may affect, but is not likely to adversely affect (“MANLAA”), the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata), and the Nassau Grouper (Epinephelus striatus). A no effect determination was reached on smalltooth sawfish critical habitat, Acorpora sp., Acropora sp. critical habitat and listed corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
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 2.070 acres of tidal surface waters are proposed to be filled and approximately 12.485 acres of tidal surface waters are proposed to be created at the Project site. 2.339 acres / 32,668 cubic yards of dredging is proposed in surface waters. 11,958 linear feet of bulkhead is proposed in existing uplands and 1,940 linear feet of bulkhead is proposed in existing surface waters utilized by various life stages of marine species. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the Florida Keys. 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 Southwest 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, Megan Clouser, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 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. 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.