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: Bret Lusskin
668 Golden Beach Drive
Golden Beach, FL 33160
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Grand Canal. The project site is located at 668 Golden Beach Drive, Golden Beach, FL 33160.
Directions to the site are as follows: Take ramp onto SR-874-TOLL N (Don Shula Expy) toward SR-874 N. Continue on SR-826 N (Palmetto Expy). Take the exit toward Miami Int'l Airport onto SR-836-TOLL E (Dolphin Expy). Take the left exit onto I-95 N. Take exit 18 toward SR-858/Hallandale Bch Blvd/Hospital onto SR-858 E (W Hallandale Beach Blvd). Turn right onto S Ocean Dr (SR-A1A S). Continue on Ocean Blvd (SR-A1A S). Turn right onto The Strand. Turn right onto Golden Beach Dr. Continue on Golden Beach Dr. In 0.5 miles the destination is on the left.
APPROXIMATE CENTRAL COORDINATES:
Longitude: - 80.120887°
Basic: The basic project proposes to stabilize the shoreline and improve water access.
Overall: The overall project is to provide shoreline stabilization and improved water access at the single-family residence located at 668 Golden Beach Drive.
EXISTING CONDITIONS: The project site consists of an upland dug canal, approximately 150 foot wide and an existing 44.83 linear foot seawall fronting Grand Canal. Based on the Miami Dade Department of Environmental Resource Management (DERM) benthic survey conducted on 31 August 2021 onsite submerged aquatic vegetation (SAV) consists of sparse seagrass such as Halodule wrightii (<5%).
PROPOSED WORK: The applicant seeks authorization for the following activities:
• Installation of a 44.83 linear foot concrete seawall within 12” inches waterward of adjacent seawall with six (6) concrete king piles, five (5) concrete batter piles, and a new concrete cap.
• Backfill 220 cubic yards (900 square feet) behind new seawall.
• Installation of 28.8 cubic yards (327 square feet) of limestone riprap boulders at base of new seawall that will not exceed more than 8 feet waterward.
• Construct a new 5 foot by 21 foot (105 square foot) marginal concrete dock supported by three (3) new concrete dock piles.
• Minor dredging by removing approximately 2.3 cubic yards of material from within a 163 square foot area to a depth of -4.0 MLW.
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:
Water quality impacts will be avoided and minimized by employing best management practices during construction. The new seawall will be installed prior to the area being backfilled with clean fill and the entire area will be protected by turbidity curtains. The new seawall will be consistent with neighboring properties. The area of sparse seagrass (5%) that exists within the project footprint will result in 700 square feet of impacts which is unavoidable.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensation for seagrass loss and potential water quality impacts, limestone rip rap boulders will be placed at the base of the new seawall. This will provide habitat for a variety of invertebrates as well as protective cover and a food source for small fish.
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 parties.
ENDANGERED SPECIES: 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 > 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 determined the proposed project may affect, but is not likely to adversely affect sea turtles (loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricate), and green (Chelonia mydas); smalltooth sawfish (Pristis pectinate) or its designated critical habitat. The Corps has determined that the project meets JAXBO therefore no further consultation with National Marine Fisheries Service is required. National Marine Fisheries Service has provided programmatic concurrence pursuant to Section 7 of the Endangered Species Act for projects that meet the criteria established in JAXBO.
The proposed activity is located within the Consultation Area for the Florida Bonneted Bat and the South Florida Urban Area. Potential impacts to the species were assessed using the Florida Bonneted Bat Consultation Key, 2019. Based on the guidelines in the key, projects located in the South Florida Urban Bat Area cannot utilize the key. However, based the lack of roosting or foraging habitat in the project area and limited impacts the Corps has determined that the project will have no effect on the species.
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 700 square feet of seagrasses utilized by various life stages of Spiny Lobster, species of coral, and the Snapper Grouper. 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 initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within the Biscayne Bay Cars Sound Sanctuary. 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: The proposed structures are not located in the vicinity of a federal navigation channel.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of Madison Pollard through the Miami Permits Section, 9900 SW 107th Ave, 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, Madison Pollard, in writing at the Miami Permits Section, 9900 SW 107th Ave, Suite 203, Miami, FL 33176; by electronic mail at Madison.J.Pollard@usace.army.mil or, by telephone at (305) 878-0247.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
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.