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: Fisher Island Club, Inc.
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a man-made marina basin on Fisher Island adjacent to Biscayne. The project site is located at One Fisher Island in Section 10, Township 54 South, Range 42 East, Fisher Island, Miami-Dade County, FL (Folio # 30-4290-002-0020).
Directions to the site are as follows: Fisher Island is accessible by boat or by a private 14-hour ferry service. The ferry departs from Terminal Island Road just off the MacArthur Causeway.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.761192°
Longitude: -80.142739°
PROJECT PURPOSE:
Basic: The basic project purpose is for the renovation and reconfiguration of an existing private multi-family marina.
Overall: The overall project purpose is for the renovation and reconfiguration of an existing private multi-family marina to include new floating docks, new slip layout and dredging in Fisher Island, Florida.
EXISTING CONDITIONS: The marina is in an inland, artificially created basin on Fisher Island with a basin depth of -10’ mean low water (MLW) depth. The shoreline is hardened with an existing seawall with riprap along the base of the wall around the perimeter. The uplands are developed and consisting of roads/sidewalks, and condominium buildings. The submerged bottom was surveyed by Cummins Cedarberg on March 17-18, 2021. No marine resources of significance were observed on the basin bottom, seawalls, or pilings within the Marina basin. The riprap under the perimeter dock in the marina did contain coral growth. These resources will be avoided and minimized using a project specific coral relocation plan that has been developed and is part of a separate FDEP permit that will be issued on behalf of the Corps for those activities.
PROPOSED WORK: The applicant seeks authorization to:
• Demolish existing fixed timber docks (total of 34,185 SF) and removal of 593 timber pilings;
• Install floating concrete docks (total 40,293 SF) fixed with 84 (18” diameter) steel pipe piles driven with a vibratory hammer:
- Center dock will be 8’ wide by 580’ long and have twenty-six (5’ wide) finger piers totaling 15,451 SF and 31 (18” diameter) steel pipe piles.
- Perimeter dock will be 6’ wide with twenty-one 5’ wide x 60’ or 70’ long piers and 53 (18” diameter) steel pipe piles.
- West perimeter dock is 618’ by 8’ with six 5’ x 60’ piers totaling 9,187 SF
- North perimeter pier is 8-11’ wide and 487’7” long totaling 4,348 SF with the center dock proposed
- South perimeter dock is 289’ by 8’ totaling 2,312 SF with no piers proposed
- East perimeter dock is 764’ by 8’ with fifteen 5’ x 60’ piers totaling 15,655 SF for the South/East docks);
• The marina reconfiguration will increase the mooring slips from 86 slips that accommodate vessels that range between 35 and 120f feet long to 99 slips to accommodate vessels that range between 60 to 120 feet long;
• Maintenance dredging of 3,806 cubic yards from 18,285 square feet of the marina to adjust the side slope. No increase in the design depth of -10 MLW is proposed;
• Temporarily install a total of 47-12” diameter timber piles to support the temporary deployment of turbidity curtains.
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:
All best management practices will be implemented throughout construction, including installation of floating turbidity curtains, turbidity monitoring, and adherence to the Standard Manatee Conditions for In-Water Work and Sea Turtle and Smalltooth Sawfish Construction Guidelines.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant did not offer compensatory mitigation. The Corps has reviewed the benthic survey for the site and the project is not proposing any impacts to submerged aquatic vegetation and therefore for compensatory mitigation will not be required.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested part
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>D>E>F>G>H>I>J>K>N>O>P> MANLAA with no further consultation with the Fish and Wildlife Service is necessary. This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity the Corps conditioning any potential permit that is issued with special restrictions for dredging within the basin which is designated as an Important Manatee Area (IMA) in Dade County.
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 0.41 acres of unvegetated basin bottom utilized by various life stages of snapper-grouper complex, spiney lobster and penaeid shrimp complex, and coastal migratory fish species. Our initial determination is that the proposed action would not 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/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, Miami, FL 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 at the letterhead address, by electronic mail at albert.gonzalez@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.