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:
Swire Properties, Inc
c/o Henry Bott
98 SE 7th Street, Suite 500
Miami, FL 33131
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay within the Biscayne Bay Aquatic Preserve. The project site is located at 500 Brickell Key Drive, Miami, FL 33131.
Directions to the site are as follows: From US-1 (Brickell Avenue) in Brickell, turn right onto Brickell Key Drive for 0.2 miles and cross the Brickell Key Bridge. Immediately after crossing the bridge, the destination is on your right in 400 feet (500 Brickell Key Drive).
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.764°
Longitude: -80.185°
PROJECT PURPOSE:
Basic: The basic project purpose is to stabilize the shoreline, improve water access, and enhance the ecological value.
Overall: The overall project proposes to stabilize the shoreline, improve water access, and enhance the ecological value at the commercial hotel located at 500 Brickell Key Drive.
EXISTING CONDITIONS: The property contains an existing 1,251 linear foot concrete seawall, seawall cap, and 1,058 cubic yards of riprap along the shoreline within Biscayne Bay. Based on the Cummins Cederberg, Inc benthic survey conducted on August 28, 2023 onsite submerged aquatic vegetation (SAV) consists of one sparse (<5% coverage) patch of shoal grass (Halodule wrightii), <1 ft by <1 ft in size, observed along the western portion of the bulkhead. Five (5) species of stony coral and two (2) genera of octocorals were documented growing on the seawall, batter piles, riprap, and scattered debris around the Project shoreline. No ESA federally listed species were observed. Colonies <5 centimeters were not counted, as this is below the relocation threshold stipulated in the Florida Fish and Wildlife Conservation Commission (FWC) Coral and Octocoral Mitigation Relocation Recommendations, which are generally followed for coral relocation. Additionally, due to their ubiquitous nature, colonies of the lesser starlet coral (Siderastrea radians) that were unhealthy (i.e., observed bleaching or disease), those with highly encrusting morphologies, and those growing on debris, were omitted from data collection due to their nonviability for potential future relocation.
A total of 352 stony coral colonies and 4 octocoral colonies were observed at the Project site. More colonies were observed growing on the seawall and debris (304 colonies) than the riprap (52 colonies). The majority of corals were <15 centimeters in maximum diameter, with 5 to <10 centimeters being the most populous size class. Of the corals observed onsite during the survey, only nine (9) colonies were >15 centimeters in maximum diameter. Paling and bleaching was prevalent among coral colonies in the survey area, with bleaching documented among all five (5) stony coral species.
PROPOSED WORK: The applicant has requested authorization to stabilize the shoreline and improve water access by conducting the following activities:
• Remove twelve (12) concrete king piles.
• Install a new 1,242 linear foot seawall within 18 inches waterward of adjacent seawall with one hundred and thirty-five (135) concrete batter piles, and a new concrete cap.
• Install one (1) steel H-pile at the termination of each end of the new seawall.
• Temporary removal of existing 1,058 cubic yards (8,895 square feet) riprap, temporarily relocated to an upland staging area, and replaced in the same footprint as existing to facilitate construction of the replacement seawall.
• Installation of a 50 linear foot segment (90-inch by 18-inch panels with 14-inch gaps in between) of mangrove reef wall paneling (total: 125 square feet).
• Install 328.89 cubic yards of new riprap along 555 linear feet placed at a 2 horizontal to 1 vertical slope, extending a maximum of 8 feet waterward from the base of the new seawall.
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 proposed project constitutes routine maintenance of the existing seawall and the addition of new riprap. The new riprap is proposed to be placed in an area currently devoid of riprap along 555 linear feet of shoreline and is required by DERM to provide habitat and offset impacts of the new seawall. Additionally, a 50 linear foot segment of mangrove reef wall paneling will be affixed to the wetface of the replacement sheet pile seawall between STA 36+00 and STA 36+50 to ecologically enhance the Project shoreline. The mangrove reef wall panels will terminate above the mudline and will not cause impacts to the seabed. The new riprap (328.89 cubic yards) will be placed along only a portion of the shoreline and has a negligible impact, as it intends to provide habitat. The mangrove reef wall paneling is proposed to encourage colonization and settlement of benthic organisms.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
A singular small (<1 square foot) patch of sparse seagrass was observed waterward of the Project shoreline. Corals were documented growing on artificial structures, including the seawall, batter piles, riprap, and scattered debris along the Project shoreline. No ESA-listed species were observed at the Project site. A notable presence of paling and bleaching was documented in stony corals observed during the survey. The proposed Project consists of the replacement of currently serviceable shoreline stabilization, as well as ecological enhancement of the shoreline, no compensatory mitigation is proposed.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 April 25, 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > D > 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.
habitat.
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 less than 1 square foot 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 activities are not located in the vicinity of a federal navigation 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 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be 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.