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: Palm Bay Marina LLC
3001 W State Road 84
Fort Lauderdale FL 33312
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located at 6701 NE 7th Ct Miami FL 33138. (Folio: 01-3218-049-0030)
Directions to the site are as follows: Take I-95, go East on NW 71st St, south onto Biscayne Blvd, then East on NE 69th St, then Southeast on Palm Bay Ct, destination is to the north and east.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.83791°
Longitude: -80.17991°
PROJECT PURPOSE:
Basic: The basic project is for improved water access.
Overall: The overall project purpose is to improve water access at an existing facility known as Palm Bay Marina in Miami Dade County.
EXISTING CONDITIONS: The project consists of an existing 39 slip marina along approximately 270 linear feet of bulkhead with 9,009 square feet of docks. A resource survey conducted on July 19, 2023 documented submerged aquatic vegetation on silt, rock rubble and oyster substrate including Syringodium filiforme (1%) and Halophila decipiens (5%) in the northern portion of the proposed site. No corals were observed on existing structures or within the survey area.
PROPOSED WORK: The applicant seeks authorization to improve water access by conduction of the following activities:
• Remove existing 4,190 square feet concrete dock and 4,819 square feet wood dock and associated piles;
• Repair 30-foot section of existing bulkhead;
• Placement of (43) 12-inch wood mooring piles;
• Install 4,378 square feet concrete dock with (89) 14-inch concrete dock piles;
• Install 5,007 square foot wood dock with (224) 12-inch wood dock piles;
• Install 200 square foot floating dock.
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:
The existing marina was damaged by Hurricane Irma in 2017. Subsequently, the marina was closed in 2019. The proposed project consists of the replacement of the existing dilapidated structures within the same footprint. The replacement of the structures within the same footprint minimizes impact to surface waters to the greatest extent possible while fulfilling the project purpose. Best management practices will also be employed during construction such as the utilization of a turbidity barrier.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
As the project consists of the replacement of structures within the same footprint, no compensatory mitigation is proposed.
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. 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 concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
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), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), Giant Manta Ray (Mobula birostris) 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.
In addition, the proposed activity is located within the Consultation Area for the Florida Bonneted Bat (Eumops floridanus) and the South Florida Urban Area. While the project is located within the Bat consultation area, the parcel lacks suitable roosting or foraging habitat. The shoreline at the project is stabilized by a seawall in a highly urbanized area. Based the lack of suitable roosting habitats at the site, 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 0.69 acres of mixed substrate including submerged aquatic vegetation, silt, rubble, and oyster habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, sea turtles and snapper/grouper complex. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the Miami River and 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is greater than 500 feet away from the near bottom edge of the Intracoastal Waterway federal channel
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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 Antilles-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, Catrina Frey, in writing at the Miami Permits Section, 9900 SW 107th Ave #203, Miami Fl ; by electronic mail at catrina.n.frey@usace.army.mil ; by fax at (305) 526-7184, or, by telephone at (305)484-7406.
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 Miami Dade Department of Environmental Resources Management.
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.