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: Dezer Intracoastal Mall, LLC
c/o Arthur Gallagher
18001 Collins Avenue
31st Floor
Sunny Isles Beach, FL 33160
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed man-made canal and the Intracoastal Waterway. The project site is located at 3501 Sunny Isles Blvd, North Miami Beach (Sections 10,11,14 &15, Township 52 South, Range 42 East) in Miami-Dade County, Florida.
Directions to the site are as follows: From I-95, take FL-826 E to NE 35th Avenue/ Eastern Shores Blvd. From here, take a left/ continue northwest onto NE 35th Avenue/ Eastern Shores Blvd and the site is located on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.931044°
Longitude: -80.133270°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access and shoreline stabilization.
Overall: The overall project purpose is to improve water access and shoreline stabilization in North Miami Beach, Florida.
EXISTING CONDITIONS: The project site has an approximately 1,720 linear foot shoreline along an unnamed man-made canal to the north armored with a concrete riprap revetment and an approximately 670 linear foot shoreline with a concrete seawall along the Intracoastal Waterway to the east. The project area includes an existing 18,221 ft2 docking facility along the east and northeast sides of the site along the Intracoastal Waterway that is currently limited to the mooring of 13 transient slips on a first come, first serve basis for public access to the upland facilities. Mooring is allowed only during store/restaurant/amenity hours on the upland property, and no vessels are allowed to be moored overnight. The overall project area includes 12,450 square feet (0.29 acres) of mangrove fringe wetlands which are located along the north shoreline, northeast shoreline, and along approximately the northern two-thirds of the east shoreline.
The mangrove fringe wetlands along the north shoreline are generally low quality and consist of sparse and scattered red mangrove trees (Rhizophora mangle), black mangrove trees (Avicennia germinans), white mangrove trees (Laguncularia racemosa) and a few green buttonwood trees (Conocarpus erectus) which are all located on a very narrow littoral shelf at the toe of the vertical-sided man-made canal. The portions of the canal shoreline landward of the narrow littoral shelf consist of varying degrees of degraded, failing and collapsed concrete riprap revetment.
The mangrove fringe wetlands along the east and northeast shoreline are higher quality and dominated by tall, dense red mangroves (Rhizophora mangle) with some black mangrove trees (Avicennia germinans), white mangrove trees (Laguncularia racemosa) and a few green buttonwood trees (Conocarpus erectus). The mangrove fringe consists of three historic mangrove planter areas surrounded by riprap that were created in the mid-1980’s as mitigation to offset impacts associated with the construction of the upland development, seawall on the east and northeast sides of the property, and docking facility as they currently exist today.
A benthic assessment conducted July 27th, 2022, within the man-made canal and Intracoastal Waterway adjacent to the areas of proposed work indicated the presence of a small patch of shoal grass (Halodule wrightii) near the southeast corner of the project site. No other seagrasses or benthic resources were observed.
PROPOSED WORK: The applicant seeks authorization to improve water access and shoreline stabilization for a proposed mixed-use development, which includes the following work:
Structure Removal
-Partial removal of 260 linear feet of existing seawall on the southeast side of the project site along the Intracoastal Waterway
-Partial removal of 1,350 linear feet of existing shoreline armoring along the man-made canal to the north
-Complete removal of 141 linear feet of existing shoreline armoring along the man-made canal to the north
-Complete removal of the existing 18,221 ft2 of wooden dock along the east and northeast sites of the property
Upland Cut Boat Basin
-Excavation of 36,684 yd3 from a 71,902 ft2 upland area to create a new boat basin with a tidal open-water connection to the man-made canal to the north
-Dredging of 618 yd3 from a 3,182 ft2 area within the north canal to -8.28 MLW (8.5 ft NGVD29) for the transition area where the proposed upland cut boat basin connects with the man-made canal to the north
-Construction of three 48-inch diameter concrete tidal flushing culverts which connect to/from the proposed upland cut boat basin via a rectangular junction box where the flow transitions to/from a single 8-foot vertical x 5-foot-wide rectangular concrete flushing culvert which runs to/from the Intracoastal Waterway. All culverts will be outfitted with manatee exclusion grates.
Docking Facilities
-Construction of 10,520 ft2 of concrete floating marginal docks, 1,068 ft2 of aluminum gangways and 675 ft2 of concrete fixed access platforms with a fixed timber dock and concrete guide piles adjacent to the seawall proposed along the man-made canal to the north to support 14 mooring slips
-Construction of 7,060 ft2 of concrete marginal docks, 1,068 ft2 of aluminum gangways, and 2,304 ft2 of concrete fixed access platforms with concrete support piles along the seawall of the proposed upland-cut boat basin to support 8 mooring slips and a designated pump-out slip
-Reconstruction of a 10,972 ft2 portion of the existing dock facility in the Intracoastal Waterway along the east side of the project site in the same configuration and dimensions as the existing dock to support 6 mooring slips
Shoreline Stabilization
-Construction of 1,375 linear feet of new steel sheet pile seawall and 4-foot-wide concrete seawall cap along the man-made canal to the north
-Placement of 953 yd3 of clean fill within a 4,378 ft2 area waterward of the MHWL along the man-made canal to the north to support the proposed seawall, resulting in impacts to 1,550 ft2 (0.04 acres) of mangrove fringe wetlands
-Construction of 1,529 linear feet of new steel sheet pile seawall and a 4-foot-wide concrete seawall cap along the proposed upland cut boat basin
-Construction of 236 linear feet of new steel sheet pile seawall and a 3-foot-wide concrete cap with a 3” timber overhang along the proposed upland cut boat basin
-Construction of 436 linear feet of steel sheet pile seawall and 3-foot-wide concrete seawall cap landward of the existing seawall located in the northeast corner and the north half of the east side of the project site along the Intracoastal Waterway
-Construction of 285 linear feet (including a 25-foot return wall) of steel sheet pile seawall and 3-foot-wide concrete seawall cap within 18” of the existing seawall located in the south half of the east side of the project site along the Intracoastal Waterway
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:
-To ensure that the proposed construction activities do not degrade adjacent wetlands and surface waters/off-site areas, silt fencing and turbidity barriers will be installed around the limits of construction prior to construction commencement and removed after completion of construction activities and restoration of turbidity levels to ambient/background conditions
-Impacts to high quality mangrove fringe wetlands located at the east side of the project site along the Intracoastal Waterway were eliminated by designing the bulkhead replacement landward of the existing bulkhead and replacing the east docking facility within the same footprint as the existing docking facility
-The project has been designed to avoid all impacts to the observed patch of shoal grass (Halodule wrightii) located at the east side of the project site along the Intracoastal Waterway
-Partial removal of existing seawall and shoreline armoring has been proposed in those areas along the southeast and north sides of the project in an effort to limit the removal necessary to accommodate the cap and anchoring of the proposed seawalls
-Manatee exclusion grates will be installed at the waterward ends of the three flushing culverts in the new boat basin and at the waterward end of the one larger culvert in the Intracoastal Waterway
-A hydrographic flushing study was conducted to assess alternative options for the proposed culverts, and demonstrated that the proposed design of the three tidal flushing culverts will meet the required flushing criteria for reducing a contaminant within the proposed boat basin to less than 10% after a 4-day period
-The docking facilities proposed within the man-made canal along the north of the project site will not exceed 25% of the width of the waterway
-Excavation of the upland cut boat basin will be completed in the dry to the greatest extent possible prior to connecting the basin to the north canal
-The construction of the three circular flushing culverts and the rectangular flushing culvert that connects to the Intracoastal Waterway have been sequenced to avoid and minimize impacts associated with flooding and turbidity during construction of the upland cut boat basin.
-The limits of existing mangrove wetland areas that will not be impacted by the proposed work will be marked and avoided
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
A proposed wetland mitigation plan and associated Uniform Mitigation Assessment Method (UMAM) scoring or other applicable functional assessment method scoring will be submitted for review.
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 parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) or its designated critical habitat, and the Florida Bonneted Bat (Eumops floridanus). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata) and the Giant Manta Ray (Mobula birostris). The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.
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 0.04 acres of mangrove fringe habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and 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 Region. 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 structure is located in the vicinity of a federal navigation channel. Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is within 100 feet from the design edge of the Intracoastal Waterway federal channel.
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.
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, Florida 33176-2785 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, Virginia King, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203 Miami, Florida 33176-2785; by electronic mail at Virginia.E.King@usace.army.mil; or, by telephone at (904)248-8516.
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.
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 is required from the South Florida Water Management District (SFWMD).
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.